2023 Criminal Law Syllabus-Based EREVIEWER v2

Criminal Law
Syllabus-based eReviewer for the 2023 Bar

Version 2 with Bar Chair Case Digests
Criminal Law v2 Syllabus-based Reviewer for the 2023 Bar with Bar Chair Case Digests
Table of Contents Pro Reo Principle In Garcia v. CA this Court categorically held that an electoral
o ense under Section 27(b) of R.A. 6646 is mala in se because "it
Book I of the RPC 2 Ex Post Facto Law
could not [have been] the intent of the law to punish unintentional
Interpretation of Penal Laws election canvass errors." The same should apply to unintentional
Book II of the RPC and marks made on a ballot.
Related Special Penal Laws 62 Retroactive E ect of Penal Laws
I Book I of the Revised Penal Code 1 Mala in se and Mala prohibita 2016
Matalam v. People
Crimes mala in se are inherently immoral and involve intent to
The general rule is that acts punished under a special law are malum
General Principles commit a crime. Good faith is a defense in mala in se crimes, but
prohibitum. "An act which is declared malum prohibitum, malice
is NOT a defense in mala prohibita crimes, where what is required
or criminal intent is completely immaterial."
Felonies is merely the intent to perpetrate the act. Although most crimes
punished under special penal laws are mala prohibita, there are also Hence, "intent to commit the crime and intent to perpetrate the
Penalties those that are mala in se. act must be distinguished. A person may not have consciously
intended to commit a crime; but he did intend to commit an act,
Execution and Service of Sentence Cardona v. People 2020 and that act is, by the very nature of things, the crime itself." When an
act is prohibited by a special law, it is considered injurious to public
An act prohibited by a special law does NOT automatically make it
Extinction of Criminal Liability welfare, and the performance of the prohibited act is the crime itself.
malum prohibitum. "When the acts complained of are inherently
immoral, they are deemed mala in se, even if they are punished by Volition, or intent to commit the act, is di erent from criminal
Civil Liabilities in Criminal Cases intent. Volition or voluntariness refers to knowledge of the act being
a special law." The bench and bar must rid themselves of the
common misconception that all mala in se crimes are found in the done. On the other hand, criminal intent refers to the state of
A General Principles RPC, while all mala prohibita crimes are provided by special laws. mind beyond voluntariness. It is this intent that is being punished
The better approach to distinguish between mala in se and mala by crimes mala in se.
Mala in se and Mala prohibita prohibita crimes is the determination of the inherent
immorality or vileness of the penalized act.
Scope and Characteristics
Is a violation of Section 195 of the OEC mala in se such that good faith Garcia v. CA
Generality and lack of criminal intent can be raised as valid defenses against its
The acts prohibited in Section 27(b) of the Omnibus Election Code
conviction? YES. The applicable portion of Section 195 forbids the
are mala in se. Given the volume of votes to be counted and
Territoriality intentional tearing or defacing of the ballot or the placement of a
canvassed within a limited amount of time, errors and
distinguishing mark.
Prospectivity miscalculations are bound to happen. And it could not be the intent
eCodal+Pro by RGL 2 of 171

of the law to punish unintentional election canvass errors. 3. Legal pluralism in certain areas/culture, i.e. the Muslim
Code and IPRA.
Criminal intent is presumed to exist on the part of the person who c Prospectivity
executes an act which the law punishes, unless the contrary shall
appear. Thus, whoever invokes good faith as a defense has the
b Territoriality Penal laws do NOT have retroactive e ect.
burden of proving its existence. Penal laws apply to all o enses committed within the PH territory. EXC if the provisions are favorable to the accused who is not a
habitual o ender
EXC
EXC to the EXC the law itself provides against such
1. Extraterritoriality under the RPC and SPLs
People v. Comia retroactive e ect.
2. Transnational crimes under UNTOC and domestic law,
The act of transporting a prohibited drug is a "malum
Hernan v. Sandiganbayan 2017 En Banc
prohibitum" because it is punished as an o ense under a special law. 3. Universal jurisdiction in jus cogens crimes and under
It is a wrong because it is prohibited by law. Without the law UNCLOS, and For as long as the penal law is favorable to the accused, it shall nd
punishing the act, it cannot be considered a wrong. As such, the 4. Erga omnes crimes under international criminal tribunal application regardless of whether its e ectivity comes after the time
mere commission of said act is what constitutes the o ense jurisdiction. when the judgment of conviction is rendered and even if service of
punished and su ces to validly charge and convict an individual sentence has already begun. The accused shall be entitled to the
caught committing the act so punished, regardless of criminal People v. Tulin re extraterritoriality and universal jurisdiction bene ts of the new law warranting him to serve a lesser sentence, or
intent. to his release, if he has already begun serving his previous sentence,
The attack on and seizure of "M/T Tabangao'' and its cargo were and said service already accomplishes the term of the modi ed
committed in Philippine waters, although the captive vessel was later sentence.
2 Scope and Characteristics brought by the pirates to Singapore where its cargo was o -loaded,
transferred, and sold. And such transfer was done under
a Generality accused-appellant Hiong's direct supervision. Although PD No. 3 Pro Reo Principle
532 requires that the attack and seizure of the vessel and its cargo be
Penal laws apply to ALL PERSONS who commit crimes within committed in Philippine waters, the disposition by the pirates of the
the territory. vessel and its cargo is still deemed part of the act of piracy, hence, the Intestate Estate of Gonzales v. People 2010
EXC same need not be committed in Philippine waters.
The fundamental principle in applying and in interpreting criminal
1. Under Vienna Convention on diplomatic relations; Moreover, piracy falls under Title One of Book Two of the Revised laws is to resolve all doubts in favor of the accused. In dubio pro
Penal Code. As such, it is an exception to the rule on reo. When in doubt, rule for the accused.
2. In certain exempting circumstances under the RPC and
territoriality in criminal law. It is likewise, well-settled that
special laws; Intimately related to the in dubio pro reo principle is the rule of
regardless of the law penalizing the same, piracy is a reprehensible
crime against the whole world (People v. Lol-lo). lenity. The rule applies when the court is faced with two possible

interpretations of a penal statute, one that is prejudicial to the clearly included, beyond any reasonable doubt, will be considered, accused-appellant. It is also not just to remand the case because this
accused and another that is favorable to him. The rule calls for the within the statute's operation. is not a situation where the prosecution was wholly deprived of the
adoption of an interpretation which is more lenient to the opportunity to perform its duties under the 2000 Revised Rules. In
In the instant case, to hold that a judicial declaration of absolute
accused. truth, to remand the instant case in the face of the prosecution's
nullity is a necessity before an accused in criminal prosecution for
failure to discharge its duty under Sec. 3, Rule 116 would be to
Lenity becomes all the more appropriate when this case is viewed bigamy may invoke his void ab initio marriage as a valid defense
unduly favor the State and the victims' relatives to the detriment of
through the lens of the basic purpose of Article 332 of the RPC to interprets Article 349 too liberally in favor of the State and too
the constitutional rights of accused-appellant. The duty of the
preserve family harmony by providing an absolutory cause. strictly against the accused, in violation of the rule of lenity and
prosecution to prove the accused's guilt for the capital o ense,
the rule on strict construction of penal laws.
despite his plea of guilt, whether improvidently made or not, is not
novel. No special considerations should be allotted the prosecution
Sps Dulay v. People 2021 Hernando, J for its failure. In dubio pro reo. When in doubt, rule for the
Sama and Masanglay v. People 2021 En Banc accused.
We have applied the doctrine of pro reo and the correlative rule on
lenity when there is doubt as to the applicability of various Concurring opinion of Leonen, J
penalties under di erent amended or repealed laws. 4 Ex Post Facto Law
Under the present legal framework, the State commits to recognize
Here, there is no doubt as to the applicability of Article 315(2)(a) of and protect the rights of indigenous cultural communities to their
An ex post facto law is one which:
the RPC: the constitutive o ense of estafa by deceit under Article ancestral lands. In this regard, recent criminal and environmental
315(2)(a) was speci cally charged in the Information, established legislations, such as The Expanded National Integrated Protected 1) makes criminal an act done before the passage of the law
and proven beyond reasonable doubt, and a rmed on appeal by the Areas System Act of 2018, have acknowledged the exercise by the and which was innocent when done, and punishes such an act;
appellate court. We therefore nd no need to apply lenity and the indigenous peoples of their cultural practices and traditions to be an 2) aggravates a crime, or makes it greater than it was, when
doctrine of pro reo, and ignore the speci c provision of law and the exception from the permit requirement. committed;
penalty prescribed thereunder.
Further, the continuing inclination towards considering these 3) changes the punishment and in icts a greater punishment
cultural practices as an exception casts reasonable doubt on than the law annexed to the crime when committed;
whether or not petitioners should be held guilty under PD No. 705.
Pulido v. People 2021 En Banc Hernando, J The preferential application of these later laws is not only in accord 4) alters the legal rules of evidence, and authorizes conviction
with the pro reo principle, but also with the concept of social upon less or di erent testimony than the law required at the
In dubio pro reo. When in doubt, rule for the accused. This is in time of the commission of the o ense;
justice.
consonance with the constitutional guarantee that the accused shall
5) assuming to regulate civil rights and remedies only, in e ect
be presumed innocent unless and until his guilt is established
imposes penalty or deprivation of a right for something
beyond reasonable doubt. It is well-settled that the scope of a penal
People v. Pagal 2020 En Banc which when done was lawful, and
statute cannot be extended by good intention, implication, or even
equity consideration. Only those persons, o enses, and penalties,
Here, there is nothing in the records that would show the guilt of

6) deprives a person accused of a crime of some lawful b. The Spanish text is controlling. Aberratio ictus, Error in personae, and Praeter
protection to which he has become entitled, such as the
intentionem
protection of a former conviction or acquittal, or a 6 Retroactive E ect of Penal Laws
proclamation of amnesty. Elements of Criminal Liability
The general rule is that penal laws shall have a retroactive e ect
Sps Dulay v. People 2021 Hernando, J insofar as they favor the person guilty of a felony except Impossible Crime
a. If the o ender is a habitual delinquent;
The petitioners rely on Republic v. Eugenio, Jr., wherein the Court Stages of Execution
declared that the proscription against ex post facto laws should be b. The new or amendatory law is not favorable to him; or
applied to the interpretation of the original text of Section 11 of c. Retrospective application is expressly proscribed.
Continuing Crimes
R.A. No. 9160 because the passage of said law "stripped another
layer o the rule on absolute con dentiality that provided a measure
Complex Crimes and Composite Crimes
People v. Sarcia
of lawful protection to the account holder." Accordingly, the
Circumstances A ecting Criminal Liability
application for the bank inquiry order as the means of inquiring Sec 68 of RA 9344 allows the retroactive application of the Act
into records of transactions entered into prior to the passage of R.A. to those who have been convicted and are serving sentence at the Justifying Circumstances
No. 9160 would be constitutionally in rm, o ensive as it was to the time of the e ectivity of this said Act, and who were below the age
ex post facto clause of the Constitution. of 18 years at the time of the commission of the o ense. Exempting Circumstances
The petitioners' reliance on said case is misplaced. Unlike the Mitigating Circumstances
passage of R.A. No. 9160 in order to allow an exception to the B Felonies
general rule on bank secrecy, the amendment introduced by R.A. Aggravating Circumstances
No. 10167 does away with the notice to the account holder at the Criminal liabilities and felonies
time when the bank inquiry order is applied for. Indeed, R.A. No. Alternative Circumstances
Modes of committing crimes
10167, in recognition of the ex post facto clause of the
Absolutory Causes
Constitution, explicitly provides that "the penal provisions shall not Proximate cause
apply to acts done prior to the e ectivity of the AMLA on October Persons Liable and Degree of Participation
17, 2001." Kinds of criminal intent
Principals, Accomplices, and Accessories
Mistake of fact
5 Interpretation of Penal Laws Conspiracy and Proposal
Classi cation of Felonies
a. Penal laws are strictly construed against the Government and Multiple O enses
liberally in favor of the accused;

Decree Penalizing Obstruction of Apprehension and Accused is still liable under the following circumstances: People v. Pugay re praeter intentionem
Prosecution of Criminal O enders (PD 1829) 1. Praeter intentionem. — Injury caused is greater than what As for Samson, there is adequate evidence showing that his act was
was intended; merely a part of their fun-making that evening. His act, however,
1 Criminal liabilities and felonies does not relieve him of criminal responsibility. Burning the clothes
Any person may be held liable for an intentional felony although
the wrong done is not intended by him, if: of the victim would cause at the very least some kind of physical
a Classi cation of Felonies injuries on his person, a felony de ned in the RPC. If his act
a. he has committed an intentional felony;
resulted into a graver o ense, as what took place in the
ART 3. Definitions. — Acts and omissions punishable by law are b. the wrong done or injury caused is the direct, natural or instant case, he must be held responsible therefor.
felonies (delitos). logical consequence of the felony committed; OR
Article 4 of the RPC provides that criminal liability shall be
Felonies are committed not only by means of deceit (dolo) but also if the intentional felony committed is the proximate incurred by any person committing a felony although the wrongful
by means of fault (culpa). cause of the injury or damage incurred by the victim. act done be di erent from that which he intended.
There is deceit when the act is performed with deliberate intent and 2. Aberratio ictus. — Miscarriage of the blow; As no su cient evidence appears in the record establishing any
there is fault when the wrongful act results from imprudence, 3. Error in personae. — Mistake in identity. qualifying circumstances, Samson is only guilty of the crime of
negligence, lack of foresight, or lack of skill. homicide de ned and penalized in Article 249 of the RPC.
De nition E ect as to penalty
Elements of felonies
1. There must be an act or omission; Lack of intent to People v. Umawid 2014 re aberratio ictus
Praeter
commit so grave a Mitigating circumstance
2. Such must be punishable by the RPC; and intentionem Maureen’s death is a case of aberratio ictus, given that the fatal
wrong
3. Such is performed or incurred by means of dolo or culpa. blow therefor was only delivered by mistake as it was actually
Vicente who was Umawid’s intended target. In this regard,
According to Aberratio Mistake in blow; at Art 48 on complex crime
Umawid’s single deed actually resulted in the: (a) Attempted
ictus least 2 victims may apply
1. Gravity — grave, less grave, light; Murder of Vicente; and (b) Consummated Murder of Maureen.
This may be classi ed as a species of complex crime de ned under
2. Mode of commission — Intentional and culpable; Art 49 applies — if the
Article 48 of the RPC, particularly, a delito compuesto, or a
3. Their nature — Mala in se and mala prohibita; penalty for the crime
compound crime where a single act produces two (2) or more grave
Error in Mistake in identity; intended be di erent from
4. The law punishing them — Felonies, o enses and or less grave felonies.
personae only one victim that committed, the lesser
infractions. penalty shall be imposed in its
Aberratio ictus, Error in personae, and Praeter MAX period
b c Elements of Criminal Liability
intentionem

ART 4. Criminal liability. — Criminal liability shall be incurred: Sevilla v. People 2014 Proximate cause
1. By any person committing a felony (delito) although the Quasi-o enses under Article 365 of the RPC are distinct and That cause, which, in natural and continuous sequence,
wrongful act done be di erent from that which he separate crimes and not a mere modality in the commission of a unbroken by any e cient intervening cause, produces the
intended. crime. Thus, the proper designation of the felony should be reckless injury, and without which the result would not have
2. By any person performing an act which would be an o ense imprudence resulting to falsification of public documents and occurred.
against persons or property, were it not for the inherent not falsi cation of public documents through reckless imprudence. The felony is NOT the proximate cause of the resulting injury
impossibility of its accomplishment or an account of the Reckless imprudence resulting to falsi cation of public documents when:
employment of inadequate or ine ectual means. is an o ense that is necessarily included in the willful act of a. There is an active force that intervened between the felony
falsi cation of public documents, the latter being the greater and the injury, and the active force is a distinct act or fact
Modes of committing crimes o ense. As such, he can be convicted of reckless imprudence absolutely foreign from the act of the accused.
1. Dolo. resulting to falsi cation of public documents notwithstanding that
b. The injury is due to the intentional act of the victim.
the Information only charged the willful act of falsi cation of
a. Deceit or criminal intent. Contributory negligence.
public documents.
b. Act performed with deliberate intent. NOT e cient intervening causes
c. There must be a con uence of both an evil act and an 1. Weak or diseased physical condition of victim;
evil intent. Actum non facit reum, nisi mens sit rea. People v. Pugay
2. Nervousness or temperament of victim;
2. Culpa. The next question to be determined is the criminal responsibility of
3. Causes inherent in the victim, i.e. victim not knowing how to
a. Fault. the accused Pugay. Having taken the can from under the engine of
swim;
the ferris wheel and holding it before pouring its contents on the
b. Wrongful acts result from imprudence, negligence, lack of 4. Neglect of victim or third person;
body of the deceased, this accused knew that the can contained
foresight, or lack of skill.
gasoline. The stinging smell of this ammable liquid could not have 5. Erroneous or unskillful treatment;
Requisites of Dolo escaped his notice even before pouring the same. Clearly, he failed to
6. Delay in the medical treatment of victim.
1. Freedom; exercise all the diligence necessary to avoid every undesirable
consequence arising from any act that may be committed by his Death of victim is presumed to be the natural consequence of
2. Intelligence; companions who at the time were making fun of the deceased. physical injuries in icted
3. Intent. Thus, the accused is only guilty of homicide through reckless 1. The victim was in normal health;
imprudence de ned in Article 365 of the RPC. (should have been
For culpa, instead of intent, accused is imprudent, negligent or 2. Death may be expected from the injuries in icted;
reckless imprudence resulting to homicide)
lacks foresight or skill while doing the act. 3. Death ensued within a reasonable time.

Dinamling v. People 2015 in proving intent to kill.

1) the means used by the malefactors;
As to the alleged miscarriage or incomplete abortion, the allegedly This Court has repeatedly held that if the victim's wound would
2) the nature, location, and number of wounds sustained
exculpatory testimony of Dr. Diaz, or even the complete disregard of normally cause death, then the last act necessary to produce
by the victim;
any evidence surrounding such fact does not lead to petitioner homicide would have been performed and death would have
resulted were it not for the timely medical attention given to 3) the conduct of the malefactors before, at the time, or
Dinamling's acquittal. The fact of AAA's miscarriage or incomplete
the victim. immediately after the killing of the victim; and
abortion is not essential to proving the elements of the crime, unless
it is alleged to have caused mental or emotional su ering. It is not 4) the circumstances under which the crime was committed
among the crime's elements. In fact, it is not abortion but the mere Kinds of criminal intent and the motives of the accused.
fact of pregnancy of the victim at the time of commission which is 1. General. Presumed from the commission of a felony by dolo. Here, the petitioner used a knife in his assault. The petitioner
an aggravating circumstance, not an element, of the o ense. stabbed the victim in the abdomen while the latter was held by
2. Speci c. Must be proven by direct or circumstantial evidence.
Gener and Orieta. Immediately after the stabbing, the petitioner,
Motive is the reason or compelling force why the accused committed
Gener and Orieta beat and stoned the victim until he fell into a
the acts complained of. Criminal intent is the purpose of the accused
Gelig v. People 2010 creek. A reasonable inference can be made that the victim was left
in adopting the particular means to achieve his objective.
for dead when he fell into the creek.
The prosecution's success in proving that Lydia committed the
However, motive may be inquired into in some instances:
crime of direct assault does not necessarily mean that the same Under these circumstances, we are convinced that the petitioner, in
physical force she employed on Gemma also resulted in the crime of a. Where the identity of o ender is in question; stabbing, beating and stoning the victim, intended to kill him.
unintentional abortion. b. To determine voluntariness of the act, or whether it was
It is worth stressing that Gemma was admitted and con ned in a intentionally done;
hospital for incomplete abortion on August 28, 1981, which was 42 Rivera, et al v. People
c. To determine the aggressor when self-defense is invoked;
days after the July 17, 1981 incident. This interval of time is too Intent to kill is a speci c intent which the prosecution must prove
d. To determine speci c nature of the crime, i.e. murder in
lengthy to prove that the discharge of the fetus from the womb of by direct or circumstantial evidence, while general criminal intent
furtherance of rebellion.
Gemma was a direct outcome of the assault. is presumed from the commission of a felony by dolo.
Serrano v. People 2010 In the present case, the prosecution mustered the requisite quantum
of evidence to prove the intent of petitioners to kill Ruben.
Novicio v. People Intent to kill is a state of mind that the courts can discern
Esmeraldo and Ismael pummeled the victim with st blows. Even as
only through external manifestations, i.e., acts and conduct of
If the victim dies as a result of a deliberate act of the malefactors, Ruben fell to the ground, unable to defend himself against the
the accused at the time of the assault and immediately thereafter.
intent to kill is presumed. It is petitioner's postulation that the lone sudden and sustained assault of petitioners, Edgardo hit him three
gunshot wound of Mario does not establish intent to kill. However, In Rivera v. People, the Court considered the following factors to times with a hollow block. Edgardo tried to hit Ruben on the head,
the number of wounds inflicted is not the sole consideration determine the presence of an intent to kill: missed, but still managed to hit the victim only in the parietal area,

resulting in a lacerated wound and cerebral contusions. People v. Gervero 2018

4) the consequence resulting from the intended act does not
That the head wounds sustained by the victim were merely As early as in the case of People v. Oanis and Galanta, the Court has amount to a crime.
super cial and could not have produced his death does not negate ruled that mistake of fact applies only when the mistake is On the other hand, factual impossibility occurs when extraneous
petitioners' criminal liability for attempted murder. committed without fault or carelessness. circumstances unknown to the actor or beyond his control prevent
the consummation of the intended crime. One example is the man
Mistake of fact
who puts his hand in the coat pocket of another with the intention
There is NO liability for mistake of fact. The requisites are: d Impossible Crime to steal the latter's wallet and nds the pocket empty. The case at bar
1. The act done would have been lawful had the act been as the belongs to this category.
1. The act performed would be an o ense against persons or
accused believed them to be;
property;
2. The intention in performing the act should be lawful; and
2. Act done with evil intent; e Stages of Execution
3. The mistake of fact was NOT due to negligence, bad faith
3. Its accomplishment is inherently impossible, or that the
or unlawful intent of the accused. The accused must have no A felony is consummated when all the elements necessary for its
means employed is either inadequate or ine ectual;
opportunity to verify his mistake. execution and accomplishment are present;
4. The act performed should not constitute a violation of
It is frustrated when
Yapyuco v. Sandiganbayan 2012 another provision of the RPC.
1. the o ender performs all the acts of execution
NB: There is NO attempted or frustrated impossible crime.
In the context of criminal law, a “mistake of fact” is a
2. which would produce the felony as a consequence
misapprehension of a fact which, if true, would have justi ed the act
Intod v. CA and People 3. but which, nevertheless, do not produce it
or omission which is the subject of the prosecution. Generally, a
reasonable mistake of fact is a defense to a charge of crime where it There must be either 4. by reason of causes independent of the will of the
negates the intent component of the crime. perpetrator.
1) legal impossibility, or
A proper invocation of this defense requires There is an attempt when
2) physical impossibility of accomplishing the intended act in
a) that the mistake be honest and reasonable; order to qualify the act as an impossible crime. 1. The o ender commences the commission of the felony
b) that it be a matter of fact; and Legal impossibility would apply to those circumstances where directly by overt acts;
c) that it negates the culpability required to commit the crime 1) the motive, desire and expectation is to perform an act in a. That there be external acts;
or the existence of the mental state which the statute violation of the law; b. Such external acts have direct connection with the
prescribes with respect to an element of the o ense. crime intended to be committed.
2) there is intention to perform the physical act;
3) there is a performance of the intended physical act; and

2. He does NOT perform all the acts of execution which desistance a. Formal Crimes — Consummated in one instant, no
should produce the felony; attempt. e.g. slander, false testimony, sale of prohibited
Subjective and Objective Phases drugs.
3. The o ender's act be NOT stopped by his own
spontaneous desistance; Each felony under the RPC has b. Crimes consummated by mere attempt or proposal
1. a "subjective phase," or that portion of the acts or by overt act e.g. Flight to enemy’s country (121),
4. The non-performance of all acts of execution was due to cause
constituting the crime included between the act which corruption of minors (340), Treason.
or accident other than his spontaneous desistance.
begins the commission of the crime and the last act c. Felony by omission no attempted stage
performed by the o ender which, with prior acts, should
d. Crimes requiring the intervention of two person to
result in the consummated crime.
commit them are consummated by mere agreement
2. After that point has been breached, the subjective phase e.g. betting in sport contests (197), corruption of public
ends and the objective phase begins. o cer (212)
It has been held that if the offender never passes the subjective e. Material crimes. There are THREE stages of execution.
phase of the o ense, the crime is merely attempted.
When felonies do not have stages
On the other hand, the subjective phase is completely passed in
1. If punished under SPL;
case of frustrated crimes, for in such instances, "subjectively the
crime is complete." 2. By omission;
The determination of whether a crime is frustrated or 3. Formal crimes, e.g. physical injuries.
consummated necessitates an initial concession that all of the acts
Felonies without frustrated stage
of execution have been performed by the o ender.
1. Theft;
Frustrated Attempted The critical distinction instead is whether the felony itself was
actually produced by the acts of execution. The determination of 2. Rape.
has performed all the acts
whether the felony was "produced" after all the acts of execution
of execution which
✔ ✘ had been performed hinges on the particular statutory ART 7. When light felonies are punishable. — Light felonies are
should produce the punishable only when they have been consummated, with the
merely commences definition of the felony.
felony as a consequence exception of those committed against person or property.
How to determine the stage of the crime
some cause cause or accident GR: Light felonies are punishable only when consummated.
1. Nature of the o ense;
reason for independent of the other than the
2. Elements constituting the felony; EXC: Those committed against persons or property, even if
non-accomplishment will of the o ender's own
attempted or frustrated. e.g. Slight physical injuries and
perpetrator spontaneous 3. Manner of committing same — maltreatment (266); Art 309, nos. 7 and 8; Alteration of

boundary marks (313); Malicious mischief (328 and 329,

Malou. wound sustained would have caused the victim’s death without
no. 3).
timely medical attention, the accused should be convicted of
attempted murder and not frustrated murder.
Valenzuela v. People and Canceran v. People 2015
Rivera v. People In the instant case, it does not appear that the wound sustained by
Is there a frustrated stage in theft? Gregorio Conde was mortal.
An essential element of murder and homicide, whether in their
NO. Theft cannot have a frustrated stage. Theft can only consummated, frustrated or attempted stage, is intent of the
be attempted or consummated. o enders to kill the victim immediately before or simultaneously
with the in iction of injuries. Velasco v. People
Having commenced the criminal act by overt acts but failing to

People v. Aca-ac perform all acts of execution as to produce the felony by reason of
People v. Gonzalez some cause other than his own desistance, petitioner committed an
Necessarily, rape is attempted if there is no penetration of the female
attempted felony. Petitioner already commenced his attack with a
organ because not all acts of execution were performed. Taking into The (specific criminal intent) intent to kill determines whether the
manifest intent to kill by shooting private complainant seven times,
account the nature, elements and manner of execution of the crime crime committed is physical injuries or homicide. Such intent is
but failed to perform all the acts of execution by reason of causes
of rape and jurisprudence on the matter, it is hardly conceivable made manifest by the acts of the accused which are undoubtedly
independent of his will, that is, poor aim and the swiftness of the
how the frustrated stage of rape can ever be committed. intended to kill the victim.
latter. Private complainant sustained a wound on the left arm that
As this Court explained in People v. Orita, rape is either attempted For evident lack of criminal intent to kill the complainant, the is not su cient to cause his death. The settled rule is that where the
or consummated. There can be no frustrated rape. information for attempted homicide must fail. Considering the wound in icted on the victim is not su cient to cause his
nature and location of their injuries and the number of days death, the crime is only attempted murder, since the accused did
required for their treatment, we nd that the crime committed for not perform all the acts of execution that would have brought about
Baleros v. People the injuries sustained by the children are two counts of slight death.
physical injuries under Art. 266.
The attempt which the Penal Code punishes is that which has a
logical connection to a particular, concrete offense; that which
is the beginning of the execution of the o ense by overt acts of the f Continuing Crimes
perpetrator, leading directly to its realization and consummation. People v. Labiaga 2013
Continuous crimes or delito continuado
It would be too strained to construe petitioner's act of pressing a Appellant should be convicted of attempted murder, and not
chemical-soaked cloth in the mouth of Malou which would induce frustrated murder. 1. For delito continuado to exist there should be a plurality of
her to sleep as an overt act that will logically and necessarily ripen acts performed during a period of time; unity of penal
In frustrated murder, there must be evidence showing that the provision violated; and unity of criminal intent or purpose,
into rape. As it were, petitioner did not commence at all the
wound would have been fatal were it not for timely medical which means that two or more violations of the same penal
performance of any act indicative of an intent or attempt to rape
intervention. If the evidence fails to convince the court that the provisions are united in one and the same intent or

resolution leading to the perpetration of the same criminal

g Complex Crimes and Composite Crimes b. Real or material — There are di erent crimes in law as well
purpose or aim.
as in the conscience of the offender. They are thus
2. According to Guevarra, in appearance, a delito continuado ART 48. Penalty for complex crimes. — SEPARATELY punished.
consists of several crimes but in reality there is only one crime
1. (Compound crime or delito compuesto) When a single Special from ordinary
in the mind of the perpetrator.
act constitutes two or more grave or less grave felonies, or 4. Special complex crimes are those speci cally designated by law to
3. Padilla views such o ense as consisting of a series of acts
2. (Complex crime proper or delito complejo) when an be penalized as one felony, although composed of many crimes.
arising from one criminal intent or resolution.
o ense is a necessary means for committing the other, 5. May consist of crimes punished under SPLs, whereas the complex
Delito continuado Continuing crime the penalty for the most serious crime shall be imposed, the same crime in Art 48 contemplates of felonies punished under the RPC.
to be applied in its maximum period.
A single crime produced by One which is consummated in Kinds of ordinary complex crimes
several acts performed separately one place but by reason of the 1) Compound crime. Requisites:
Plurality of crimes
during a period of time under a nature of the o ense, the
1. Consists in the successive execution by the same individual of a. Only a single act is performed;
single criminal intent in violation violation of the law is deemed
of a single penal provision. continuing. di erent criminal acts upon any of which no conviction has yet b. It produces
been declared.
i. 2 or more grave felonies, or
To determine the proper venue,
2. If there has been a conviction for one or some of them, the rules on
Its purpose is to treat several acts validity of arrest and the ii. one or more grave and one or more less grave felonies,
recidivism, quasi-recidivism, reiteracion, or habitual
as one crime commencement of the running or
delinquency may instead be applied.
of prescription. iii. 2 or more less grave felonies.
3. There are two kinds
Examples and Effects of Continuing crimes 2) Complex crime proper. Requisites:
a. Formal or ideal — Multiple crimes committed from the same
1. Kidnapping with homicide; criminal intent are punished with ONE penalty: a. At least 2 o enses are committed;
2. The term of prescription commences to run from the date the 1. Complex crime; b. One or some of the o enses must be necessary to commit
crime ended; the other;
i. Delito compuesto;
3. BP 22. — Thus, venue may be had either at the place where c. All of the o enses must be punished under the same
ii. Delito complejo.
the check was issued, drawn, or dishonored. statute.
2. Special complex crimes;
4. Rebellion. — a rebel may be arrested at any time without Rules to determine the crime/s to be charged if two or
need of a warrant as he is deemed to be in the act of 3. Continued, continuous or continuing crimes. more are committed
committing the o ense at any time. 6. Foreknowledge Rule. — Where the accused repetitively
performed one element of a crime (or component of a complex

crime) over a period of time on a more or less regular basis, having

years.
foreknowledge of its occurrence. As held in People v. Valdez, each act by each gunman
pulling the trigger of their respective rearms, aiming each
7. Doctrine of Absorption. — If one of the o ense is an element of
particular moment at di erent persons constitute
another, the former is deemed absorbed by the latter and there is Napolis v. CA cited in Fransdilla v. People 2015
distinct and individual acts which cannot give rise to a
only one crime.
complex crime.
The complex crime of robbery in an inhabited house by armed
8. Single Impulse Doctrine. — If the act or acts complained of
In People v. Lawas, the Court was "forced" to nd all the accused persons and robbery with violence against or intimidation of
resulted from a single criminal impulse, it constitutes a single
guilty of only one o ense of multiple homicide. However, as this persons was committed when the accused, who held rearms,
o ense.
Court held in People v. Remollino, the Lawas doctrine is more entered the residential house of the victims and in icted injury
of an exception than the general rule. upon the victims in the process of committing the robbery. Hence,
People v. Orias 2010
the penalty is that imposed for the robbery in an inhabited house,
Here, conspiracy is very much evident from the actuations of the
Orias should be convicted of three (3) counts of murder and the more serious crime. Citing Napolis v. CA, the CA correctly
appellants and their co-accused. Collective responsibility replaced
NOT of the complex crime of multiple murder ruled that all the accused, including Fransdilla, were guilty of
individual responsibility. The Lawas doctrine, premised on the
committing the complex crime of robbery in an inhabited house
The three (3) crimes of murder did not result from a single act but impossibility of determining who killed whom, cannot be
under Article 299, and robbery with intimidation or violence under
from several individual and distinct acts. Deeply rooted is the applied.
Article 294.
doctrine that when various victims expire from separate shots, The current rule is where several killings on the same occasion
such acts constitute separate and distinct crimes. were perpetrated, but not involving prisoners, a di erent rule
In the instant, the acts of Orias and Elarcosa demonstrate the may be applied, that is to say, the killings would be treated as People v. Garcia
existence of conspiracy, thereby imputing collective criminal separate o enses.
responsibility upon them, as the act of one is the act of all. The crime of forcible abduction with rape is a complex crime that
Thus, appellants are liable for the separate crimes of two (2)
occurs when there is carnal knowledge with the abducted woman
counts of murder and seven (7) counts of attempted murder.
under the following circumstances:
As to penalty
People v. Nelmida 2012 En Banc 1) by using force or intimidation;
Applying the Indeterminate Sentence Law in the case of
Appellants and their co-accused simultaneous act of riddling the 2) when the woman is deprived of reason or otherwise
attempted murder,
vehicle boarded by Mayor Tawan-tawan and his group with bullets unconscious; and
discharged from their rearms when the said vehicle passed by, 1. the maximum shall be taken from the medium period of
3) when the woman is under twelve years of age or is
resulted in the death of two security escorts of Mayor Tawan-tawan. prision mayor, which is 8 years and 1 day to 10 years,
demented.
Evidently, there is in this case no complex crime proper. And the 2. while the minimum shall be taken from the penalty next
Garcia is guilty of the complex crime of forcible abduction with
circumstances present in this case do not t exactly the description lower in degree, i.e., prision correccional, in any of its
rape. He should also be held liable for the other three counts of rape
of a compound crime. periods, the range of which is 6 months and 1 day to 6
committed by his three co-accused, considering the clear conspiracy

perpetua, the awards for civil indemnity, moral damages, and

among them. b. When a killing is committed in furtherance of
exemplary damages are now uniformly pegged at P75K. The
rebellion, the killing is not homicide or murder. Rather,
However, as correctly held by the trial court, there can only be award of temperate damages is also increased to P50K.
the killing assumes the political complexion of rebellion.
ONE complex crime of forcible abduction with rape. The
crime of forcible abduction was only necessary for the rst rape. c. When the political o ense doctrine is asserted as a defense Inapplicability of Art 48
Thus, the subsequent acts of rape can no longer be considered as in the trial court, it becomes crucial for the court to 1. When the crime subject of the case are covered by the
separate complex crimes of forcible abduction with rape. They determine whether the act of killing was done in doctrine of common elements;
should be detached from and considered independently of the furtherance of a political end, and for the political
a. There can be no complexing wherein two felonies
forcible abduction. Therefore, Garcia should be convicted of one motive of the act to be conclusively demonstrated.
have a common element and such element is used to
complex crime of forcible abduction with rape and three
complete the requirements for integrating one crime,
separate acts of rape. Ocampo v. Abando 2014 En Banc
the other crime would be incomplete in that element
Whether the murder charges against petitioners should be dismissed and consequently, non-existent.
under the political offense doctrine. b. Thus, there can be NO complex crime of estafa
Santiago v. Garchitorena
NO. The political o ense doctrine is not a ground to dismiss the through falsi cation of a private document as
The 32 Amended Informations reproduced verbatim the allegation charge against petitioners prior to a determination by the trial court both crimes require damage as an element which is
of the original information, except that instead of the word "aliens" that the murders were committed in furtherance of rebellion. used for one renders the other incomplete.
in the original information each amended information states the
As held in the case of Prosecutor of Zamboanga v. CA, if during 2. When the crimes involved are subject to the rule of
name of the individual whose stay was legalized. The 32 Amended
trial, petitioners are able to show that the alleged murders were absorption of one crime by the other;
Informations aver that the o enses were committed on the same
indeed committed in furtherance of rebellion, the trial court shall
period of time. The strong probability even exists that the approval 3. Where the two o enses resulting from a single act are
dismiss the murder charges upon the ling of the Information
of the application for the legalization of the stay of the 32 aliens was speci cally punished as a single crime (Art 265 par 2).
for simple rebellion, as long as petitioners would not be placed in
done by a single stroke of the pen, as when the approval was 4. Special complex crimes;
double jeopardy.
embodied in the same document.
a. Art 266-B Rape with homicide;
9. Political Offense Doctrine Special Complexing
b. Art 267 Kidnapping with homicide and/or rape;
1. Component crimes in a special complex crime have no
a. Common crimes, perpetrated in furtherance of a political c. Art 294 Robbery with homicide or rape or
attempted or frustrated stages because the intention of the
o ense, are divested of their character as “common” intentional mutilation or arson;
o enders is to commit the principal crime which is to rob but
o enses and assume the political complexion of the main
in the process of committing the said crime, another crime is d. Art 297 Attempted or frustrated robbery with
crime of which they are mere ingredients, and,
committed. homicide;
consequently, cannot be punished separately from the
principal o ense, or complexed with the same, to justify 2. As held in People v. Jugueta, in special complex crimes like e. Art 320 Destructive arson.
the imposition of a graver penalty. robbery with homicide where the penalty imposed is reclusion

5. When the crimes involved cannot be legally complexed: The component crimes in a special complex crime have no A conviction for highway robbery requires proof that the
attempted or frustrated stages. accused were organized for the purpose of committing robbery
a. Art 129 Search warrants maliciously obtained and
abuse in the service of those legally obtained with Thus, as in the present case where, aside from the killing of Homer, indiscriminately. There is no such proof in this case. The trial
perjury; the Spouses Acob, on the occasion of the same robbery, also court thus correctly found Pulusan and Rodriguez guilty of the
sustained injuries, regardless of the severity, the crime committed is crime of robbery with homicide aggravated by rape under
b. Art 210 Bribery with in delity in the custody of
still robbery with homicide as the injuries sustained by the Spouses Article 294(1).
prisoners;
Acob are subsumed under the generic term "homicide" and, We must state that regardless of the number of homicides
c. Art 235 Maltreatment of prisoners with serious thus, become part and parcel of the special complex crime of committed on the occasion of a robbery, the crime is still robbery
physical injuries; robbery with homicide. with homicide. In this special complex crime, the number of
d. Art 312 Usurpation of real rights with serious persons killed is immaterial and does not increase the penalty
physical injuries; prescribed in Art. 294. There is NO crime of robbery with
e. Art 275 Abandonment of persons in danger and People v. Aspili multiple homicide. Moreover, whenever the special complex crime
Art 276-278 crimes against minors with any other of robbery with homicide is proven to have been committed, all
Neither in law nor in jurisprudence is there an aggravating those who took part in the robbery are liable as principals
felony. circumstance as robbery in band. More importantly, the evidence therein although they did not actually take part in the
NB: Complexing is ‘legally impossible’ because the provisions shows that what was committed is the special complex crime of homicide.
expressly state that the penalty for such felonies is in addition robbery with homicide aggravated by rape.
to those imposed on the other felonies committed.
The original design of the malefactors was to commit robbery in order
Rules on Robbery and Homicide to facilitate their escape from the penal colony. Their original intent 2 Circumstances A ecting Criminal Liability
did not comprehend the commission of rape. Hence, the rape is
1. If homicide was consummated, the case will be a special
deemed to aggravate the crime but damages or indemni cation for a Justifying Circumstances
complex crime of either Art 294, wherein robbery was
the victim may be awarded. Instead of ignominy, it is the rape
consummated, or Art 297, wherein it was merely attempted or
itself that aggravates the crime. Self-defense
frustrated.
With respect to the deaths of Daisy Gonzales and Yolanda Argue, Anyone who acts in defense of his person or rights, provided that the
2. If the homide was not consummated, but was a necessary
the appellants are clearly liable therefor since, as held by this Court following circumstances concur;
means to commit any stage of the robbery, Art 48 applies.
in People v. Mangulabnan, it is immaterial that the death of a
3. If the homicide was neither consummated nor necessary to First. Unlawful aggression.
person supervened by mere accident, provided that the
robbery, these felonies are separate and distinct o enses. homicide is produced by reason or on occasion of the robbery. Second. Reasonable necessity of the means employed to
prevent or repel it.
People v. Dillatan 2018

People v. Pulusan

positively strong, showing the wrongful intent of the aggressor

People v. Rubiso
Third. Lack of su cient provocation on the part of the to cause injury.
person defending himself. Unlawful aggression is a condition sine qua non for the
9) The person defending himself cannot be expected to think
clearly so as to control his blow. justifying circumstance of self-defense. It contemplates an actual,
1) There is unlawful aggression when the peril to one’s life,
sudden and unexpected attack, or imminent danger thereof, and
limb or right is either actual or imminent. 10) The measure of rational necessity is to be found in the not merely a threatening or intimidating attitude. The person
2) A slap on the face is unlawful aggression. situation as it appeared to the person defending at the time defending himself must have been attacked with actual physical
when the blow was struck. force or with actual use of weapon.
3) A strong retaliation for an injury or threat may amount to an
unlawful aggression. 11) Whether the means employed is reasonable, will depend upon It is axiomatic that the mere thrusting of one’s hand into his
4) The killing of the deceased by the defendant be simultaneous a) The nature and quality of the weapon used by the pocket as if for the purpose of drawing a weapon is NOT
with the attack made by the former, or at least both acts aggressor; What the law requires is rational equivalence. unlawful aggression. Even the cocking of a ri e without aiming
succeeded each other without appreciable interval of time. The the rearm at any particular target is NOT su cient to conclude
b) His physical condition, character, size and other
accused must have no time nor occasion for deliberation that one’s life was in imminent danger.
circumstances, and those of the person defending himself;
and cool thinking. The location and presence of gunshot wounds on the body of the
c) And also the place and occasion of the assault.
5) A public o cer exceeding his authority may become an victim eloquently refute appellant’s allegation of self-defense. It is
12) If the provocation by the person defending himself is not an oft repeated rule that the presence of a large number of
unlawful aggressor.
proximate and immediate to the aggression, there is wounds, their location and their seriousness would negate
6) When the aggressor ees, unlawful aggression no longer exists. self-defense. self-defense. Instead, they indicate a determined e ort to kill.
However, if the purpose of the retreat was for the aggressor to
take a more advantageous position to insure the success of the People v. Antonio
attack already begun by him, the unlawful aggression is
As testi ed by accused-appellant himself, the deceased who was at People v. Pereira 20 Jan 2021
considered still continuing, and the one making a defense has
a right to pursue him in his retreat and to disable him. that time very drunk tried to hit him but missed and fell on
1. The elements of the justifying circumstance of
the ground. At that point, unlawful aggression ceased and it
7) No unlawful aggression when there is agreement to ght. The self-defense were NOT present. It requires
was no longer necessary for him to stab the deceased. It was
challenge to ght must be accepted. However, if the 1.1. unlawful aggression on the part of the victim;
accused-appellant, therefore, who became the aggressor when he,
aggression occurred ahead of the agreed time and place of the
despite the condition of the deceased, proceeded to stab the latter at 1.2. reasonable necessity of the means employed by the
ght, it is unlawful.
the back. His act can no longer be interpreted as an act of accused to repel it; and
8) A mere threatening or intimidating attitude, not preceded by self-preservation but a perverse desire to kill. Hence, he cannot
an outward and material aggression, is not unlawful successfully claim the bene t of self-defense. 1.3. lack of su cient provocation on his part.
aggression, because it is required that the act be offensive and 2. Here, Perreira utterly failed to discharge the burden of
proving unlawful aggression.

2. Reasonable necessity of the means employed to prevent or Defense of strangers

3. Self-defense cannot be justi ably appreciated when
repel it;
uncorroborated by independent and competent evidence
Anyone who acts in defense of the person or rights of a stranger,
or when it is extremely doubtful by itself. 3. In case the provocation was given by the person attacked,
provided that the rst and second requisites mentioned in the rst
the one making the defense had no part therein.
3.1. The burden of evidence is shifted and the accused circumstance of this Article are present and that the person
claiming self-defense must rely on the strength of 13) Relatives that can be defended: (SADS4C) defending be not induced by revenge, resentment, or other evil
his own evidence and not on the weakness of the motive.
a) Spouse;
prosecution.
b) Ascendants; Requisites:
See Criminal Law Case Digest No. 33
c) Descendants; 1. Unlawful aggression;
d) Legitimate, natural or adopted Siblings, or relatives by 2. Reasonable necessity of the means employed to prevent or
People v. Lansang a nity in the same degrees; repel it;
e) Relatives by Consanguinity within the 4th civil degree. 3. Accused must not be induced by revenge, resentment
The justifying circumstance of defense of a relative can only be
(4C) or other evil motive.
raised where there is a concurrence of the requisites of unlawful
aggression, reasonable necessity of the means employed to repel the 14) The fact that the relative defended gave provocation is 15) Any person not included in the enumeration of relatives that
aggression and that the person making the defense had no part immaterial. can be defended is considered a stranger.
in the provocation.
Carungcong v. People 2010 Fulfillment of duty
Defense of relatives
Article 332 provides for an absolutory cause in the crimes of Any person who acts in the ful llment of a duty or in the lawful
Any one who acts in defense of the person or rights of his spouse, theft, estafa and malicious mischief. It limits the responsibility of exercise of a right or o ce.
ascendants, descendants, or legitimate, natural or adopted brothers the o ender to civil liability and frees him from criminal liability by
or sisters, or his relatives by a nity in the same degrees and those virtue of his relationship to the o ended party. Requisites:
consanguinity within the fourth civil degree, provided that the 1. The accused acted in the performance of a duty OR in
The continuing affinity view maintains that the relationship by
rst and second requisites prescribed in the next preceding the lawful exercise of a right or o ce;
a nity between the surviving spouse and the kindred of the
circumstance are present, and the further requisite, in case the
deceased spouse continues even after the death of the deceased 2. The injury caused or the o ense committed be the
revocation was given by the person attacked, that the one making
spouse, regardless of whether the marriage produced children or necessary consequence of the due performance of
defense had no part therein.
not. This is more consistent with the language and spirit of Article duty or the lawful exercise of such right or o ce.
Requisites: 332(1) of the RPC. The fundamental principle in applying and in
interpreting criminal laws is to resolve all doubts in favor of the Cabanlig v. Sandiganbayan
1. Unlawful aggression;
accused. In dubio pro reo. When in doubt, rule for the accused.

Self-defense and ful llment of duty operate on di erent principles. Avoidance of a greater evil In the case at bar, Ricardo utterly failed to adduce su cient proof of
Self-defense is based on the principle of self-preservation from the existence of a positively strong act of real aggression on the part
Any person who, in order to avoid an evil or injury, does not act
mortal harm, while ful llment of duty is premised on the due of the deceased Senando.
which causes damage to another, provided that the following
performance of duty.
requisites are present; First, the fact that three (3) of the assailants su ered non-fatal
A policeman in the performance of duty is justi ed in using such injuries bolsters the fact that Senando tried vainly to ward o the
First. That the evil sought to be avoided actually exists;
force as is reasonably necessary to secure and detain the assaults of his assailants. Second, Ricardo failed to present himself
o ender, overcome his resistance, prevent his escape, recapture Second. That the injury feared be greater than that done to avoid it; to the authorities. The natural impulse of any person who has killed
him if he escapes, and protect himself from bodily harm. someone in defense of his person or relative is to bring himself to the
Third. That there be no other practical and less harmful means
Unlike in self-defense where unlawful aggression is an element, in authorities and try to dispel any suspicion of guilt that the
of preventing it.
performance of duty, unlawful aggression from the victim is authorities might have against him. Third, petitioner had a rather
NOT a requisite. 16) The greater evil should not be brought about by the erratic recollection of people and events.
Fulfillment of Duty was Complete, Killing was Justified negligence or imprudence of the actor; nor must it result from
a violation of law.
In this case, Valino was committing an o ense in the presence of the
17) Only criminal liability is excused, not civil liability. Manaban v. CA
policemen when Valino grabbed the M16 Armalite from Mercado
and jumped from the jeep to escape. The policemen would have In this case, there was no unlawful aggression on the part of the
Obedience to a lawful order
been justi ed in shooting Valino if the use of force was absolutely victim. First, Bautista was shot at the back as evidenced by the point
necessary to prevent his escape. The policemen had the duty not Any person who acts in obedience to an order issued by a superior of entry of the bullet. Second, when Bautista was shot, his gun was
only to recapture Valino but also to recover the loose rearm. for some lawful purpose. still inside a locked holster and tucked in his right waist. Third,
when Bautista turned his back at Manaban, Manaban was already
The duty to issue a warning is not absolutely mandated at all
Requisites: pointing his service rearm at Bautista.
times and at all cost, to the detriment of the life of law enforcers.
The directive to issue a warning contemplates a situation 1. That an order has been issued by a superior; Aggression presupposes that the person attacked must face a
where several options are still available to the law enforcers. In 2. Such order must be for some lawful purpose; real threat to his life and the peril sought to be avoided is
exceptional circumstances such as this case, where the threat to the imminent and actual, not imaginary.
life of a law enforcer is already imminent, and there is no other 3. The means used by the subordinate to carry out said
option but to use force to subdue the o ender, the law enforcer's order is lawful.
failure to issue a warning is excusable. 18) The subordinate is not liable for carrying out an illegal order Masipequiña v. CA
of his superior, if he is not aware of the illegality of the order
and he is not negligent. The rule is that the reasonable necessity of the means employed
to repel or prevent the attack depends upon the imminent
Balunueco v. CA danger of injury, NOT on the harm actually done to the

accused. Imbecility or Insanity not so complete as to deprive the accused of intelligence or the
consciousness of his acts. Accordingly, we must reject the insanity
Thus, that Masipequiña escaped serious injuries does not necessarily 1) An imbecile is one who, while advanced in age, has a mental
defense of Rafanan.
imply that the means he used to repel the attack were unreasonable development comparable to that of children 2-7 years of age.
and excessive.
2) To constitute insanity, there must be complete deprivation Minority
of intelligence or that there be total deprivation of the RA 9344 as amended by RA 10360
freedom of the will. During the lucid interval, the insane
b Exempting Circumstances 4) A child above 15, but below 18, must have acted without
acts with intelligence.
discernment to be exempt.
3) Thus, epilepsy, somnambulism, and malignant malaria are
the following are exempt from criminal liability: 5) Periods of criminal responsibility
valid defenses. Feeblemindedness and pedophilia, on the
1. An imbecile or an insane person, unless the latter has other hand, are NOT. a) Absolute irresponsibility 15 years and below;
acted during a lucid interval. b) Conditional responsibility 15 years and 1 day - 18 years;
People v. Rafanan on insanity
2. A person under 15 years of age. c) Full responsibility 18 years - 70 years;
In order that the exempting circumstance of INSANITY may be
3. A person over 15 years of age and under 18, unless he d) Mitigated responsibility 15 years and 1 day to 18 years,
taken into account, it is necessary that there be a complete
has acted with discernment, in which case, such minor shall with discernment; over 70 years or senility.
deprivation of intelligence in committing the act, that is,
be proceeded against in accordance with the provisions of
6) A child in conflict with the law (CCL) is one who at the
Art. 80 of this Code. 1. that the accused be deprived of reason;
time of the commission of the o ense is below 18 years old but
4. Any person who, while performing a lawful act with due 2. that there be no responsibility for his own acts; not less than 15 years and 1 day old.
care, causes an injury by mere accident without fault or 3. that he acts without the least discernment; 7) Discernment means the capacity of the child at the time of
intention of causing it. the commission of the o ense to understand the di erences
4. that there be a complete absence of the power to discern, or
5. Any person who act under the compulsion of irresistible that there be a total deprivation of freedom of the will. between right and wrong and the consequences of the
force. wrongful act.
Where the accused failed to show complete impairment or loss of
6. Any person who acts under the impulse of an intelligence, the Court has recognized at most a mitigating, not an 8) Intent refers to the desired act of the person while
uncontrollable fear of an equal or greater injury. exempting, circumstance in accord with Article 13(9) of the RPC. discernment relates to the moral signi cance that a person
ascribes to the said act.
7. Any person who fails to perform an act required by law, In previous cases where schizophrenia was interposed as an
when prevented by some lawful insuperable cause. exempting circumstance, it has mostly been rejected by the Court. Accident
In each of these cases, the evidence presented tended to show that if 9) An accident is something that happens outside the sway of
there was impairment of the mental faculties, such impairment was our will, and although it comes about through some act of our

will, lies beyond the bounds of humanly foreseeable knows of such conspiracy must report the same. However, 1. Unlawful aggression;
consequences. due to penitent-priest privileged communication, the priest 2. Reasonable necessity of the means employed
can not be compelled to report such information.
10) It is intrinsically contradictory to negligence. ✘ M to prevent or repel it;
a) The act of reporting is required under law; 3. The person defending be not induced by
11) The following requisites must concur:
revenge, resentment or other evil motive.
b) The priest fails to do so;
a) that the accused was performing a lawful act with due
care; c) His failure was due to a lawful cause, privileged Avoidance of greater evil or State of necessity
communication between him and a penitent.
b) that the injury is caused by mere accident; and 1. The evil sought to be avoided actually exists;
c) that there was no fault or intent on his part to cause the Resume of Justifying and Exempting Circumstances 2. The injury feared be greater than that done to
injury. M = Mitigating
✔ M avoid it;
3. There be no other practical and less harmful
Irresistible force Civil If not means of preventing it.
complete
Requisites
Liability
12) The force must be irresistible to reduce the actor to a mere
Fulfillment of duty
instrument who acts not only without will but against his Justifying
will. 1. The accused acted in the performance of a
Self-defense duty or in the lawful exercise of such right or
Uncontrollable fear
o ce;
13) This presupposes that a person is compelled to commit a crime 1. Unlawful aggression;
✘ M 2. The injury caused or the o ense committed be
by another, but the compulsion is by means of intimidation 2. Reasonable necessity of the means employed the necessary consequence of the due
or threat, not force or violence. If force or violence is ✘ M to prevent or repel it; performance of duty or lawful exercise of such
employed, the applicable defense is irresistible force. 3. Lack of su cient provocation on the part of right or o ce.
the person defending himself;
14) Duress as a valid defense should be based on real, imminent,
Obedience to a lawful order
or reasonable fear for one’s life or limb and should NOT be Defense of relatives
speculative, fanciful, or remote fear. 1. An order has been issued by a superior;
1. Unlawful aggression; 2. Such order must be for a lawful purpose;
15) The compulsion must be of such a character as to leave no 2. Reasonable necessity of the means employed ✘ M
opportunity to the accused for escape or self-defense in equal 3. The means used by the subordinate to carry
to prevent or repel it; out said order is lawful.
combat. ✘ M
3. In case the provocation was given by the
Insuperable cause person attacked, the one making a defense had Exempting
no part therein.
16) Confessant reveals to a priest of his plan to rebel against the
Imbecility or insanity
government. Under Art 116, it is required that anyone who Defense of strangers

1. Imbecile is exempt in ALL cases; 2. That it promises an evil of such gravity and house.
✔ M 2. Insane is only exempt if he acted not imminence that the ordinary man would have
4.1. He did not perform any overt act to dissociate or
during a lucid interval. succumbed to it.
detach himself from the conspiracy to commit the
Minority Insuperable cause felony and prevent the commission thereof.
1. If 15 and below, absolutely exempt; 1. An act is required by law to be done; See Criminal Law Case Digest No. 53
2. If above 15 but below 18, conditionally 2. A person fails to perform such act;
✘ ✘
✔ M exempt. 3. His failure to perform such act was due to
3. Exemption applies only if it can be shown that some lawful or insuperable cause. c Mitigating Circumstances
the minor acted without discernment.
1. Incomplete Defense. Those mentioned in the preceding
Accident
People v. Labuguen 24 Feb 2020 chapter, when all the requisites necessary to justify or to
1. A person is performing a lawful act; exempt from criminal liability in the respective cases are not
WON the CA erred in not considering in favor of Zuñiga the
2. With due care; attendant.
exempting circumstance of "irresistible force and/or
✘ M 3. He causes an accident to another by mere
2. Mitigating responsibility. That the o ender is under
uncontrollable fear of an equal or greater injury."
accident;
eighteen year of age or over seventy years.
4. Without fault or intention of causing it. 1. NO. The exempting circumstance is not availing.
3. Praeter intentionem. That the o ender had no
Compulsion of an irresistible force 2. To avail of this exempting circumstance, the evidence must
intention to commit so grave a wrong as that committed.
establish:
1. The compulsion is by means of physical force; 4. Provocation. That su cient provocation or threat on the
2.1. the existence of an uncontrollable fear;
✔ ✘ 2. Such force must be irresistible; part of the o ended party immediately preceded the act.
3. Such force must come from a third person. 2.2. that the fear must be real and imminent; and
5. Immediate vindication of a grave offense. That the
Impulse of an uncontrollable fear 2.3. the fear of an injury is greater than or at least equal act was committed in the immediate vindication of a grave
to that committed. o ense to the one committing the felony, his spouse,
1. The threat which causes the fear is of an evil
3. Here, the malefactors had a well-hatched plan to commit ascendants, or relatives by a nity within the same degrees.
greater than or at least equal to, that which he
the crime of robbery with homicide and that Zuñiga was 6. Passion or obfuscation. That of having acted upon an
is required to commit;
not only well-aware of every detail thereof but likewise
✔ M a) existence of an uncontrollable fear; impulse so powerful as naturally to have produced passion
actively participated in its commission.
b) the fear must be real and imminent; or obfuscation.
c) the fear of an injury is greater than or at 4. Zuñiga had every opportunity to escape while they were
least equal to that done. passing through the corn elds on their way to the Padre's

the o ender the penalty lower by one or two degrees than

nding that the crime was murder.
7. Voluntary surrender. That the o ender had voluntarily that provided by law.
surrendered himself to a person in authority or his agents,
a) Art 68. When the o ender is a minor and his case falls Provocation
or
under the JJWA, particularly those above 15 but below 18, 6) Any unjust or improper conduct or act by the o ended party,
Plea of guilty. That he had voluntarily confessed his and acts WITH discernment. capable of exciting, inciting, or irritating anyone.
guilt before the court prior to the presentation of the
b) Art 69. Not all, but a majority of the requisites of 7) As to whether a provocation is sufficient depends upon the
evidence for the prosecution.
justifying or exempting circumstances are present. act constituting the provocation, the social standing of the
8. Deaf and Dumb, Blind. That the o ender is deaf and person provoked, the place and time when the provocation is
c) Art 64(5). When there are 2 or more mitigating
dumb, blind or otherwise su ering some physical defect circumstances and no aggravating. made.
which thus restricts his means of action, defense, or
d) Art 268(3). Voluntary release of person illegally detained 8) As an element of self-defense, it pertains to its absence on the
communications with his fellow beings.
within 3 days; part of the person defending himself; whereas as a mitigating
9. Illness. Such illness of the o ender as would diminish the circumstance, it pertains to its presence on the part of the
e) Art 333(3). Abandonment without justi cation of the
exercise of the will-power of the o ender without however o ended party.
spouse who committed adultery.
depriving him of the consciousness of his acts.
9) It must be immediate to the commission of the crime such
10. Analogous. And, nally, any other circumstances of a Incomplete defense that the accused had no time to regain his reason and to
similar nature and analogous to those above mentioned. 3) When all the requisites necessary to justify the act or to exempt exercise self-control.
from criminal liability are not attendant.
10) It should not be o ensive and positively strong as it may then
Privileged and ordinary
4) The only instance it becomes privileged mitigating is when a be considered as an unlawful aggression that may give rise to
1) Ordinary or Generic mitigating are those enumerated in majority of the requisites in self-defense, defense of relatives or self-defense.
Art 13. For incomplete defense however, in Subsection 1, it strangers is present.
becomes privileged when majority of the requisites are present. Immediate vindication of a grave offense
(Art 69) Praeter intentionem 11) A lapse of time is allowed between the grave o ense and the
5) It is the intention of the o ender at the moment when he is vindication.
a) It is susceptible to being o set by any aggravating
committing the crime which is considered.
circumstance. 12) Whether the personal o ense is grave must be decided
considering the social standing of the person, the place, the
b) If not o set, produces only the e ect of applying the People v. Enriquez time when the insult was made.
penalty provided by law in its minimum period, in case
of divisible penalty. The trial court gave all of the accused the bene t of the mitigating 13) It is incompatible with passion or obfuscation. They cannot
circumstance that the o enders had no intention to commit so co-exist, except when there are other facts, although closely
2) Privileged mitigating are those that cannot be o set by any
grave a wrong. The estimation of this circumstance was
aggravating circumstance. It has the e ect of imposing upon
proper, and its allowance was not inconsistent with the

connected. In other words, the cause for each arose from

21) INCOMPATIBLE with the following: danger. Petitioner stabbed the victim as a result of those
di erent sets of facts.
provocations, and while petitioner was still in a t of rage. In our
a. Praeter intentionem;
view, there was su cient provocation and the circumstance of
Provocation Vindication b. Treachery; passion or obfuscation attended the commission of the
Also against o ender’s c. Evident premeditation; o ense.
Made towards o ender
relatives But, we must stress that provocation and passion or obfuscation
Provocation Passion or Obfuscation are not two separate mitigating circumstances. Well-settled is the
Offender must An o ense need not
A grave o ense Source O ended party Caused by provocation rule that if these two circumstances are based on the same facts, they
have done be grave
should be treated together as one mitigating circumstance.
Immediately Time Immediately preceded Nonetheless, since the mitigating circumstance of voluntary
Time lapse Proximate Need not be immediate
preceded the act lapse the act surrender is also present, Article 64 (5) of the RPC should be
applied. The penalty for frustrated homicide, pursuant to Article 50
Effect Loss of reason and self-control of o ender
Passion or obfuscation of the RPC, is the penalty next lower in degree than that
14) Mitigating only when the same arose from lawful sentiments, prescribed by law for consummated homicide.
and NOT in a spirit of lawlessness or revenge.
Irresistible Force Passion or Obfuscation
15) The crime committed by the accused must be provoked by Voluntary Surrender
Kind Exempting Mitigating 22) The following elements must be present for voluntary
prior unjust or improper acts of the injured party.
surrender to be appreciated:
16) Exercise of a right or ful llment of duty is NOT a proper Force Physical Not physical
source of passion or obfuscation. a) the o ender has not been actually arrested;
Source 3rd person O ender himself
17) It must be proven that the act which produced passion or b) the o ender surrendered himself to a person in
obfuscation took place at a time not far removed from the Arise from lawful authority, and,
Lawful? NO
commission of the crime. sentiments c) the surrender must be voluntary, spontaneous.
18) The crime committed must be the result of a sudden impulse
of natural and uncontrollable fury. Lumauig v. People 2014
Romera v. People
19) It may be built up and strengthen over time until it can no In sentencing petitioner, the Sandiganbayan correctly considered
longer be repressed and will ultimately motivate the Thrusting his bolo at petitioner, threatening to kill him, and the mitigating circumstance of voluntary surrender. However, it
commission of the crime. (People v. Oloverio 2015) hacking the bamboo walls of his house are, in our view, su cient failed to consider the mitigating circumstance of return or full
provocation to enrage any man, or stir his rage and obfuscate his restitution of the funds that were previously unliquidated.
20) Considered as ONE mitigating circumstance with
thinking, more so when the lives of his wife and children are in
provocation if both arose from one and the same cause.

See Criminal Law Case Digest No. 33 Manaban v. CA

People v. Basite Voluntary Surrender and Obfuscation
A surrender to be voluntary must be spontaneous, showing the Talabis v. People 04 Mar 2020 Manaban called the police to report the shooting incident. When
intent of the accused to submit himself unconditionally to the the police arrived, Manaban surrendered his service rearm and
authorities, either because Petitioner is not entitled to the mitigating circumstance of voluntary voluntarily went with the police to the police station for
surrender. investigation. Thus, Manaban is entitled to the bene t of the
1. he acknowledges his guilt, or
mitigating circumstance of voluntary surrender.
A. But for equitable and humanitarian considerations, his old
2. he wishes to save them the trouble and expense necessarily
age is considered. On obfuscation, we nd that the facts of the case do not entitle
incurred in his search and capture.
Manaban to such mitigating circumstance. Manaban admitted
If none of these two (2) reasons impelled the accused to surrender, B. No question will be entertained on appeal unless it has
shooting Bautista because Bautista turned around and was allegedly
because his surrender was obviously motivated more by an intention been raised in the proceedings below.
about to draw his gun to shoot Manaban. The act of Bautista in
to insure his safety, his arrest being inevitable, the surrender is not C. For voluntary surrender to be appreciated as a mitigating turning around is not unlawful and sufficient cause for Manaban to
spontaneous. Here, accused-appellant willingly went to the police circumstance, the following elements must be present, to lose his reason and shoot Bautista. The defense failed to establish
authorities with Gilbert Sacla only to escape the wrath of private wit: by clear and convincing evidence the cause that allegedly
complainant's relatives who were pursuing him and who appeared produced obfuscation.
1. the accused has not been actually arrested;
to be thirsting for his blood.
2. the accused surrenders himself to a person in Plea of guilty
authority or the latter's agent; and
23) Not mitigating if made on appeal.
People v. Pereira 20 Jan 2021 3. the surrender is voluntary.
24) Plea of guilty to lesser o ense than that charged is not
1. Perreira is also not entitled to the mitigating circumstance D. If such mitigating circumstance was considered, the mitigating. However, if the information is amended to
of voluntary surrender. prosecution would be denied due process as it would have change the charge to a lesser o ense and the accused pleads
been denied the opportunity to present evidence to guilty thereto, it is mitigating.
2. The requisites for voluntary surrender are:
disprove that petitioner did surrender spontaneously and
25) The plea of guilty must be unconditional.
2.1. the o ender has not been actually arrested; voluntarily to the authorities.
26) NOT mitigating in culpable felonies and in crimes under
2.2. the o ender surrendered himself to a person in E. Owing to petitioner's advanced age, the penalty shall be
SPLs.
authority or the latter's agent; and imposed in its minimum period pursuant to Article 64(2)
of the RPC. Analogous circumstances
2.3. the surrender was voluntary.
See Criminal Law Case Digest No. 51 a. Over 60 years with failing sight, similar to senility;
3. Here, the barangay authorities had to search for Perreira
and go to the place where he ed to.

b. Outraged feeling of owner of animal taken for ransom similar Circumstances which are neither exempting nor mitigating of a grave descendants, legitimate, natural or adopted
to vindication; offense brothers or sisters, or relatives by a nity within
1. Aberratio ictus;
the same degrees;
c. Esprit de corps or mass psychology is similar to passion or
2. Mistake in the identity; 2. The felony is committed in vindication of such
obfuscation;
3. Entrapment; grave o ense. A lapse of time is allowed between
d. Voluntary restitution of property similar to voluntary the vindication and doing of the grave o ense.
surrender; 4. Age of criminal responsibility;
5. Performance of righteous action. 1. There be an act, both unlawful and sufficient, to
e. Extreme poverty similar to incomplete justi cation based on
produce such a condition of mind; and
state of necessity;
Review of Mitigating Circumstances 2. Said act which produced the obfuscation was
Passion or
f. Testifying for the prosecution similar to plea of guilty; not far removed from the commission of the
Circumstance Requisites obfuscation
crime by a considerable length of time, during
People v. Tampus and Montesclaros Not all requisites necessary to justify the act or to which the perpetrator might recover his normal
Incomplete exempt from criminal liability are attendant. equanimity.
We agree with both the trial and appellate courts in their
defense If majority of the requisites are present, privileged,
appreciation of the mitigating circumstance of illness as would 1. O ender had not been actually arrested.
otherwise, ordinary.
diminish the exercise of willpower of Ida without depriving her of Voluntary 2. He surrendered himself to a person in authority
the consciousness of her acts, pursuant to Article 13(9). Minor surrender or to the latter's agent;
Above 15 but below 18 years old.
Dr. Costas testi ed that Ida was provisionally treated for (Privileged) 3. The surrender was voluntary.
schizophrenia a few months before the incident. Ida was not Senility O ender is over 70 years old 1. O ender spontaneously confessed his guilt;
totally deprived of intelligence at the time of the incident; but, she 2. Such was made in open court, before the
may have poor judgment. There is a notable and evident disproportion Plea of
Praeter competent court that is to try the case; and
between the means employed to execute the criminal guilty
intentionem 3. Such was made prior to the presentation of
Mitigating circumstances which are personal to o enders act and its consequences.
evidence for the prosecution.
Mitigating circumstances which arise 1. Must be sufficient;
1. The o ender is deaf and dumb, blind or
1) From the moral attributes of the o ender; or 2. Must originate from offended party; and
Deaf and otherwise su ering some physical defect
Provocation 3. Must be immediate to the act, i.e., to the
2) From his private relations with the o ended party; or Dumb, 2. Which thus restricts his means of action,
commission of the crime by the person who is
Blind defense, or communications with his fellow
3) From any other personal cause, provoked.
beings.
Shall only serve to mitigate the liability of the principals,
Immediate 1. There be a grave offense done to the one 1. The illness of o ender must diminish the
accomplices, and accessories to whom such circumstances are Illness
vindication committing the felony, his spouse, ascendants, exercise of his will-power;
attendant. (Art 62[3])

2. Such illness should not deprive the o ender of

Whenever more than three armed malefactors shall have 15. That advantage be taken of superior strength, or means be
consciousness of his acts.
acted together in the commission of an o ense, it shall be employed to weaken the defense. (Abuse of superior
Analogous Similar to any of the mitigating circumstances. deemed to have been committed by a band. (Band) strength)
7. That the crime be committed on the occasion of a 16. That the act be committed with treachery. (Alevosia)
con agration, shipwreck, earthquake, epidemic or other
There is treachery when the o ender commits any of the
d Aggravating Circumstances calamity or misfortune. (Calamity)
crimes against the person, employing means, methods, or
8. That the crime be committed with the aid of armed men or forms in the execution thereof which tend directly and
1. That advantage be taken by the o ender of his public persons who insure or a ord impunity. (Aid of armed specially to insure its execution, without risk to himself
position. (Abuse of public position) men) arising from the defense which the o ended party might
2. That the crime be committed in contempt or with insult to make.
9. That the accused is a recidivist. (Recidivist)
the public authorities. (Contempt of or insult to public 17. That means be employed or circumstances brought about
authorities) A recidivist is one who, at the time of his trial for one crime,
which add ignominy to the natural e ects of the act.
shall have been previously convicted by nal judgment of
3. That the act be committed with insult or in disregard of the (Ignominy)
another crime embraced in the same title of this Code.
respect due the o ended party on account of his rank, age, 18. That the crime be committed after an unlawful entry.
or sex, (Insult to offended party) 10. That the o ender has been previously punished by an
(Unlawful entry)
o ense to which the law attaches an equal or greater penalty
or that is committed in the dwelling of the o ended party, if or for two or more crimes to which it attaches a lighter There is an unlawful entry when an entrance is e ected by a
the latter has not given provocation. (Dwelling) penalty. (Reiteracion) way not intended for the purpose.
4. That the act be committed with abuse of con dence or 11. That the crime be committed in consideration of a price, 19. That as a means to the commission of a crime a wall, roof,
obvious ungratefulness. (Abuse of confidence or obvious reward, or promise. (Price, reward, or promise) oor, door, or window be broken. (Breaking wall, roof,
ungratefulness) floor, door, or window)
12. That the crime be committed by means of inundation, re,
5. That the crime be committed in the palace of the Chief poison, explosion, stranding of a vessel or international 20. That the crime be committed with the aid of persons under
Executive or in his presence, or where public authorities are damage thereto, derailment of a locomotive, or by the use of fteen years of age or by means of motor vehicles,
engaged in the discharge of their duties, or in a place any other arti ce involving great waste and ruin. (Great motorized watercraft, airships, or other similar means. (aab
dedicated to religious worship. (Palace of Chief waste and ruin) RA 5438). (Aid of person under 15, Motor vehicle)
Executive)
13. That the act be committed with evident premeditation. 21. That the wrong done in the commission of the crime be
6. That the crime be committed in the night time, or in an (Evident premeditation) deliberately augmented by causing other wrongs not
uninhabited place, or by a band, whenever such necessary for its commission. (Cruelty)
circumstances may facilitate the commission of the o ense. 14. That the craft, fraud or disguise be employed. (Craft,
(Nighttime, Uninhabited place,) fraud, or disguise)
Kinds

1. Generic — Those that can be applied to all crimes. Always aggravating ✔ ✘ he was surprised by Rommel with a blow to the head causing him to
fall to the ground. Rommel and co-accused continued to attack him
2. Specific — Applies only to particular crimes.
Treachery or alevosia causing him multiple injuries, including the fatal ones. Gilberto was
3. Qualifying — Changes the nature of the crime. never in a position to defend himself. Further, Rommel and his
1) The settled rule is that treachery can exist even if the attack is
co-accused consciously adopted the means of attack because, as
4. Inherent — Must accompany the commission of the crime. frontal, as long as the attack is sudden and unexpected, giving
noted by the CA, they were already armed when they proceeded to
the victim no opportunity to repel it or to defend himself.
the crime scene. In addition, it is noteworthy that Rommel
People v. Nabaluna 2) What is decisive is that the execution of the attack, without the suddenly, without warning or provocation, attacked Gilberto from
slightest provocation from an unarmed victim, made it behind.
The element of treachery cannot simply be presumed. It must be
impossible for the victim to defend himself or to retaliate.
clearly proven as the crime itself.
3) There is treachery when the o ender commits any of the
The mere fact that two of the accused, with one of them being
crimes against persons, employing means, methods or forms People v. Bagabay 2018
armed with a bolo, does not necessarily constitute abuse of
in the execution thereof, which tend directly and specially to
superior strength on their part. To take advantage of superior ensure its execution without risk to himself arising from the
It is not enough that the attack was "sudden," "unexpected," and
strength, it is imperative that there be a showing of purposely "without any warning or provocation." There must also be a
defense that the o ended party might make.
using excessive force which is out of proportion to the means showing that the o ender consciously and deliberately
of defense available to the person attacked. 4) There are two (2) conditions that must concur for treachery to adopted the particular means, methods and forms in the
exist, to wit: execution of the crime which tended directly to insure such
Lastly, disregard of old age should not be taken into account for,
a) the employment of means of execution gave the execution, without risk to himself.
as stated in the case of People v. Pagal, it is not proper to consider
person attacked no opportunity to defend himself
this aggravating circumstance in crimes against property.
or to retaliate; and
Robbery with homicide is primarily a crime against property and
People v. Jaurigue 2019
not against persons. b) the means or method of execution was deliberately
and consciously adopted. There can be no treachery when the victim was "forewarned of the
Recidivism vs Reiteracion
5) The essence of treachery is that the attack is deliberate and danger he was in," "put on guard," or otherwise "could anticipate
Recidivism Reiteracion without warning, done in a swift and unexpected manner, aggression from the assailant" as when "the assault is preceded by a
a ording the hapless, unarmed and unsuspecting victim no heated exchange of words between the accused and the victim; or
As to 1st offense, Been adjudged with when the victim is aware of the hostility of the assailant towards the
Served out the sentence chance to resist or escape.
offender shall have nality former."
Previous and Included in SAME Must NOT be People v. Bermudo 2018

subsequent offenses title embraced in same title Gilberto was completely defenseless at the time of the attack because
People v. Angeles 2019

Treachery may still be appreciated even when the victim was

3. It has been repeatedly held that there can be no treachery 3. The fact that Santiago was positioned at a particular
forewarned of the danger to his person. What is decisive is that the
when the attack is preceded by a heated exchange of words location and particular time while holding a ri e, showed
execution of the attack made it impossible for the victim to defend
between the accused and the victim, or when the victim is that he consciously and deliberately adopted the means to
himself or to retaliate.
aware of the hostility of the assailant towards the former. commit the crime.
3.1. Here, Alegre had a heated altercation with Pascua 4. Thus, Santiago's sudden attack on Artemio, Sr. constitutes
before he nally lost his patience and shot him. treachery thereby qualifying the killing to the crime of
People v. Alegre 14 Feb 2022
Murder.
4. Alegre's acts were more of a result of a sudden impulse or a
1. To appreciate treachery as a qualifying circumstance, two
spur of the moment decision due to his previous heated 5. People v. Sibbu held that for the defense of alibi to prosper,
conditions must be met:
altercation with the victim, rather than a planned and the accused must prove not only that he was at some other
1.1. the assailant employed means, methods or forms in deliberate action. place when the crime was committed, but also that it was
the execution of the criminal act which give the physically impossible for him to be at the scene of the crime
4.1. There is no showing that he consciously employed
person attacked no opportunity to defend or its immediate vicinity through clear and convincing
a particular mode of attack in order to facilitate the
himself/herself or to retaliate; and evidence.
killing without any risk to himself.
1.2. said means, methods or forms of execution were 6. Here, the fact that Santiago resided in Brgy. Capuseran did
deliberately or consciously adopted by the See Criminal Law Case Digest No. 17 not preclude the possibility that he was at the scene of the
assailant. crime when the shooting incident happened.
2. Jurisprudence dictates that for treachery to be appreciated, See Criminal Law Case Digest No. 31
People v. Panis 17 Mar 2021
it must be su ciently pleaded in the Information in order
not to violate the accused's constitutional right to be 1. People v. Calinawan enumerated the following elements
properly informed of the nature and cause of the charge that must be established for treachery to be appreciated:
People v. Pereira 20 Jan 2021
against him. 1.1. at the time of the attack, the victim was not in a
position to defend himself; and 1. Par 16, Art 14 of the RPC de nes treachery as the direct
2.1. Here, the Information against Alegre is defective
insofar as it merely averred the existence of the employment of means, methods, or forms in the execution
1.2. the accused consciously and deliberately adopted of the crime against persons which tend directly and
qualifying o ense of treachery without specifying the particular means, methods, or forms of attack
the particular acts and circumstances that would specially to insure its execution, without risk to the o ender
employed by him. arising from the defense which the o ended party might
constitute such.
2. Jhonny's straightforward testimony positively and make. Two elements must be present:
2.2. However, Alegre is deemed to have waived this categorically identi ed Santiago as having shot Artemio, Sr.
defect, considering his failure to avail of the proper 1.1. at the time of the attack, the victim was not in a
suddenly and without any provocation at all, hitting the position to defend himself; and
procedural remedies. victim at the back.

on the ground bloodied and unconscious. See Criminal Law Case Digest No. 48
1.2. the accused consciously and deliberately adopted
the particular means, methods, or forms of attack 3.4. The CCTV and its printouts corroborating the
Evident premeditation
employed by him. testimony of Edward.
To prove this aggravating circumstance, the prosecution must show the
2. Here, at the time of the attack, Bagan was not in a position 3. In order for treachery to be properly appreciated, two following:
to defend himself from the suddenness and swiftness elements must be present:
thereof. 1) the time when the o ender determined to commit the
4.1. at the time of the attack, the victim was not in a crime;
See Criminal Law Case Digest No. 33 position to defend himself; and
2) an act manifestly indicating that the o ender clung to his
4.2. the accused consciously and deliberately adopted determination; and
the particular means, methods, or forms of attack
People v. Manansala 02 Sep 2020 employed by him. 3) a lapse of time, between the determination to commit the
crime and the execution thereof, su cient to allow the
1. Circumstantial evidence is su cient to sustain conviction if 4. Here, the elements of treachery were present o ender to re ect upon the consequences of his act.
1.1. there is more than one circumstance; 5.1. Manansala stealthily entered the house of the
victim and shot him while he was going upstairs. Mari v. CA
1.2. the facts from which the inferences are derived are
proven; 5.2. The fatal wound was in icted from behind since The mere fact that the victim is a woman is not per se an
the entry point was located at the back lumbar aggravating circumstance. There was no nding that the evidence
1.3. the combination of all circumstances is such as to
region. proved that the accused in fact deliberately intended to o end or
produce a conviction beyond reasonable doubt.
5.3. The victim was going upstairs with his back insult the sex of the victim, or showed manifest disrespect to the
3. Here, the pieces of circumstantial evidence su ciently o ended woman or displayed some speci c insult or disrespect to
towards the assailant when he was shot.
support the nding that Manansala was the one who killed her womanhood. There was no proof of speci c fact or
the victim. 6. As correctly held by the CA, the Rules on Electronic
circumstance, other than the victim is a woman, showing insult or
Evidence provides that persons authorized to authenticate
3.1. Upon hearing the gunshot, Edward turned around disregard of sex in order that it may be considered as aggravating
the video or CCTV recording is not limited solely to the
and saw appellant holding a gun. circumstance.
person who made the recording but also by another
3.2. When Edward saw appellant, the latter was facing competent witness who can testify to its accuracy.
the stairs of the victim's house where he had his
6.1. Here, Asas was able to establish the origin of the People v. Manansala 02 Sep 2020
gun aimed towards the stairs.
recording and explain how it was transferred to the
3.3. After Edward saw appellant running away, the compact disc and subsequently presented to the 1. However, evident premeditation was not satisfactorily
former went back to the place where the gunshot trial court. established. Its elements are:
was heard and there he saw the victim face down 1.1. a previous decision by the accused to commit the

crime; and the aggressor/s that is plainly and obviously advantageous to the
2. A conspiracy exists when two or more persons come to an
aggressor's and purposely selected or taken advantage of to facilitate
1.2. an overt act or acts manifestly indicating that the agreement concerning the commission of a felony and
the commission of the crime.”
accused clung to his determination; and decide to commit it.
1.3. a lapse of time between the decision to commit the 2.1. The rule is well-settled that conspiracy may be
crime and its actual execution su cient to allow inferred from the conduct of the accused before,
People v. Pagapulaan 2019
accused to re ect upon the consequences of his during and after the commission of the crime,
acts. To take advantage of superior strength means to purposely use where such conduct reasonably shows community
excessive force out of proportion to the means of defense available to of criminal purpose or design.
2. Here, the only basis in nding evident premeditation as
the person attacked.
attendant to the crime was the confrontation between the 3. Here, the conduct of the accused-appellants before, during
victim and Manansala one day before the killing. Unlike in treachery, where the victim was not given the opportunity and after the commission of the crime, together with that
to defend himself or repel the aggression, taking advantage of of Antonio's, showed conspiracy on their part, and that
See Criminal Law Case Digest No. 48 superior strength does not mean that the victim was they all had an equal hand in the killing of Rhandy.
completely defenseless.
Nighttime or nocturnidad 3.1. Accused-appellants, Antonio and the victim,
without any animosity, all left together from the
a) particularly sought or darkness is taken advantage to commit
inuman;
the o ense, or 2019
People v. Enojo
3.2. All boarded Antonio's tricycle;
b) facilitated the commission of the crime.
It has been consistently held that an attack made by a man with a
3.3. No one protested when they were traversing the
Nighttime cannot be considered if it is shown that the place was deadly weapon upon an unarmed and defenseless woman
route going to Bagulin instead of heading home to
adequately lighted. constitutes the circumstance of abuse of that superiority which his
Mamat-ing Norte;
sex and the weapon used in the act a orded him, and from which
Abuse of superior strength 3.4. All were in the crime scene;
the woman was unable to defend herself.
People v. Maron 2019 3.5. All got involved in a ght with the victim with
Danilo boxing the victim, and Antonio stabbing
Employment of means to weaken the defense is, at the very least, People v. Padilla 23 Feb 2022 the deceased, and Orlando remaining on standby;
subsumed under the qualifying circumstance of abuse of superior
1. Here, the qualifying circumstance alleged to have attended 3.6. Antonio admitted to having participated with
strength.
the killing of the victim was abuse of superior strength. Orlando in disposing the body of the victim into
In determining whether the qualifying circumstance of employing the ravine;
means to weaken the defense is present, the Court shall be guided by 1.1. Conspiracy among the accused-appellants was
likewise alleged to have attended in the manner of 3.7. Accused-appellants and Antonio all left together
the same standard in determining the presence of abuse of superior
the killing of the victim. boarding Antonio's tricycle when the killing was
strength, i.e., "notorious inequality of forces between the victim

nished with nobody protesting or reporting the but had access to, and in fact used, a weapon in form of a
3.3. The attack was done suddenly and unexpectedly,
incident to the authorities; and knife.
leaving Pepito without any means of defense.
3.8. the ndings of the medico-legal indicate that the 6.1. It was also established that when the victim was
3.4. The subsequent hacking of Pepito when he lay
injuries sustained by the victim were done by already defenseless and weak from the stab wound
lifeless on the oor indicated treachery since he was
several persons. and the mauling, he was unnecessarily hit with a
already wounded and unable to put up a defense.
big stone that ensured his death.
4. Thus, what transpired was a ght between the victim and
4. Since treachery quali ed the crime to murder, the generic
the joint forces of the accused-appellants and Antonio that See Criminal Law Case Digest No. 14 aggravating circumstances of abuse of superior strength,
led to the victim's demise.
in aid of armed men and nighttime are absorbed by and
4.1. It is conclusive from the admitted individual acts necessarily included in the former.
of the assailants that conspiracy among them People v. Natindim 04 Nov 2020
5. However, evident premeditation as a qualifying
existed.
1. Contrary to appellants' contention, the Information alleged circumstance cannot be appreciated in this case for failure
4.2. It thus becomes inconsequential to prove who that with treachery, the appellants shot Pepito on the head of the prosecution to speci cally allege in the Information
delivered the death blow. with the use of a rearm and thereafter hacked him even the acts constituting it.
5. The determination of whether or not the aggravating though he was dying and helpless on the ground. 5.1. Section 9, Rule 110 requires that the acts or
circumstance of abuse of superior strength was attendant 2. The two elements of treachery are both present herein omissions complained of as constituting the
requires the arduous review of the acts of the accused in o ense must be stated in ordinary and concise
2.1. that at the time of the attack, the victim was not in
contrast with the diminished strength of the victim. language without repetition, not necessarily in the
a position to defend himself or herself, and
terms of the statute de ning the o ense.
5.1. There must be a showing of gross
2.2. that the o ender consciously adopted the
disproportionality between each of them. 6. Nevertheless, it can still be considered a generic aggravating
particular means, method or form of attack
circumstance, as in this case.
5.2. Mere numerical superiority on the part of the employed by him or her.
accused does not automatically equate to superior 7. Evident premeditation is attendant when the following
3. Pepito was unarmed and looking out the window to
strength. requisites are proven during trial:
ascertain the noise outside when Edimar shot him on his
5.3. The determination must take into account all the head which consequently knocked him on the oor. 7.1. the time when the o ender determined to commit
tools, skills and capabilities available to the accused the crime;
3.1. Appellants consciously and deliberately adopted
and to the victim to justify a nding of
the mode of attack. 7.2. an act manifestly indicating that he/she clung to
disproportionality.
his determination;
3.2. They lurked outside Pepito's residence and waited
6. Here, the victim was unarmed when he was attacked by
for him to appear. 7.3. a su cient lapse of time between the
accused-appellants, who were not only superior in number
determination and execution, to allow him/her to

re ect upon the consequences of his/her act, and imposition of the death penalty, the penalty for the
to allow his/her conscience to overcome the killing of Pepito is reclusion perpetua without
People v. Nasayao re Treachery
resolution of his will. eligibility for parole.
The victim, while squatting on top of a bench and eating his meal
8. Here, the following circumstances indicated the presence of See Criminal Law Case Digest No. 44 with a plate in one hand, was certainly in no position to defend
evident premeditation:
himself or to retaliate. Accused may have forewarned Joves about
8.1. the meeting of all the accused at 3 PM to plan the what he was about to do by telling him to nish his meal.
killing of Pepito; People v. Arizobal re Dwelling, Treachery, Band, Nighttime Nevertheless, accused did not wait for Joves to nish. He did not
8.2. the act of buying and drinking alcohol and arming give Joves the opportunity to stand up. Joves not only failed to reply
The trial court is correct in appreciating dwelling as an aggravating
themselves with four homemade guns known as to accused’s order for him to nish his meal, but also failed to make
circumstance. Generally, dwelling is considered inherent in the
paleontods, an improvised pistol and bolos; and any instinctive reaction to the perceived threat posed by the accused
crimes which can only be committed in the abode of the victim,
who was holding two knives. From all indications, the attack on
8.3. a su cient lapse of time, that is, six hours from the such as trespass to dwelling and robbery in an inhabited place.
Joves was sudden and unexpected.
time of their meeting until the time of killing of However, in robbery with homicide the authors thereof can commit
Pepito at 9 PM. the heinous crime without transgressing the sanctity of the victim's
domicile.
9. Meanwhile, the generic aggravating circumstances of People v. de la Torre re Dwelling
cruelty, dwelling and intoxication cannot be considered But treachery was incorrectly considered by the trial court. The
in this case. accused stand charged with, tried and convicted of robbery with In People v. Parazo, the “dwelling” contemplated in Article 14(3)
homicide which is primarily classi ed as a crime against property. of the RPC does not necessarily mean that the victim owns the
9.1. People v. Legaspi held that for both qualifying and
As such, treachery cannot be validly appreciated as an aggravating place where he lives or dwells. Be he a lessee, a boarder, or a
aggravating circumstances to be considered in the
circumstance. bedspacer, the place is his home, the sanctity of which the law
case, they must be speci cally alleged in the
Information or Complaint, as provided in the While it appears that at least ve (5) malefactors took part in the
seeks to protect. The fact that the crime was consummated in the
amended Sections 8 and 9, Rule 110. commission of the crime, the evidence on record does not disclose nearby house is also immaterial. Marita was forcibly taken by
appellant from her dwelling house (kitchen) and then raped her.
9.2. Otherwise, they will not be appreciated even if that "more than three" persons were armed, and robbery in "band"
Dwelling is aggravating if the victim was taken from his
duly proved during the trial. means "more than three armed malefactors united in the
house although the o ense was not completed therein.
commission of robbery."
10. Since evident premeditation can be considered as an
ordinary aggravating circumstance, treachery, by itself, Nighttime did not attend the commission of the crime. The fact
being su cient to qualify the killing, the proper imposable that the o ense was committed at 9:30 in the evening does not People v. Matibag 2015
penalty - the higher sanction - is death. su ce to sustain nocturnidad. It must be shown that nocturnidad
was deliberately and intentionally sought. The special aggravating circumstance of use of unlicensed
10.1. However, in view of RA 9346 prohibiting the
rearm, which was duly alleged in the Information, should be

appreciated in the imposition of penalty. When Matibag killed the video rental outlet was open to the public. As such, it is not Review of Aggravating Circumstances
Duhan with his rearm, the use thereof was unauthorized under the attributed the sanctity of privacy that jurisprudence accords to
Requisites Notes
purview of RA 8294 and is equally appreciated as a special residential abodes.
aggravating circumstance. As a result, the imposition of the Abuse of public position
maximum penalty of death, which is reduced to reclusion perpetua
Inherent in Malversation
in light of RA 9346, stands proper. To this, the Court adds that People v. Aspili (217); Falsi cation of
Matibag is not eligible for parole. a) Done by a public o cer;
We nd no merit in the appellants' contention that the lower court document by public
erred in considering recidivism as an aggravating circumstance. All b) Took advantage of position o cers(171); Art 19 par
the appellants are recidivists. They were serving sentence by virtue 3; Crimes by public
People v. Perreras re Dwelling
of a nal judgment of conviction when they committed the o enses. o cers (204-245)
Dwelling aggravates a felony where the crime was committed in Aspili, Magbanua, Mendoza and Rebutido have previously been Contempt or insult to the public authorities
the dwelling of the o ended party if the latter has not given convicted of the crimes of frustrated homicide, serious physical
provocation or if the victim was killed inside his house. Although injuries, theft, and murder and trespass to dwelling, respectively. a) public authority is engaged in the
accused was outside of the house when he red, the victim was Both Sales and Aguirre have previously been convicted of robbery in exercise of his functions;
inside his house. For the circumstance of dwelling to be considered, band. b) authority is not the person against
it is not necessary that the accused should have actually entered the whom the crime is committed;
We likewise uphold the trial court's nding that the crime was Becomes Direct Assault
dwelling of the victim to commit the o ense; it is enough that the
aggravated because it was committed by a band. All the six c) o ender knows him to be a public if done against authority
victim was attacked inside his own house.
appellants were armed when they boarded the vessel and perpetrated authority;
their dastardly acts. There is also abuse of superior strength,
d) presence has not prevented the
since most of the victims were women and children ranging from 2
People v. Taño commission of the crime.
to 9 years old.
The Court nds that dwelling cannot be appreciated as an However, the aggravating circumstances of nocturnity and craft Insult or disregard of offended party
aggravating circumstance. The building where the two o enses were should not have been considered by the lower court. There was a) Deliberate intent to o end or insult
committed was not entirely for dwelling purposes. The evidence no showing that the appellants purposely sought the cover of night (sine qua non)
shows that it consisted of two oors: the ground oor, which was when they committed the special complex crime of robbery with
being operated as a video rental shop, and the upper oor, which Rank: there should be a di erence in Disregard of sex
homicide. Neither did the appellants employ craft, since they had
was used as a residence. It was in the video rental shop where the the social condition of the o ender and absorbed in treachery;
already boarded the vessel when they pretended to buy Tanduay
rape was committed. True, the victim was dragged to the kitchen o ended;
Rum in exchange for the dried sh and chicken they were carrying.
and toilet but these two sections were adjacent to and formed parts Even without such pretense, they could nonetheless have carried out Age: there is a considerable gap;
of the store. Being a commercial shop that caters to the public, their unlawful scheme.

a) crime occurred in that period of Two alternative tests for Calamity or misfortune
Sex: Female.
darkness beginning at end of dusk nocturnity:
Dwelling and ending at dawn; a) O ender must take advantage of Calamity includes
a) Objective:
calamity; con agration, shipwreck,
it is enough that the b) place must not be illuminated; facilitates crime;
a) o ended party must not give earthquake, epidemic
victim was attacked inside c) crime must begin and be b) Subjective:
provocation (sine qua non)
his own house accomplished in the nighttime; purposely sought Aid of armed men
Abuse of confidence In an uninhabited place a) armed persons took part in the

commission of the crime either Not considered when
➔ Betrayal of a) The place provides no reasonable both parties are
directly or indirectly;
a) o ended party had trusted the con dence NOT possibility of the victim receiving "For the purpose of EQUALLY armed;
o ender; aggravating impunity" means to b) accused availed himself of their aid,
some help; Not considered if
prevent o ender's or relied upon them during the
b) o ender abused such trust by ➔ Con dence must be b) accused sought the solitude for an conspiracy is present
recognition, or secure commission of the crime
committing a crime against the immediate and easy and uninterrupted himself from detection
o ended party; personal accomplishment of the crime, and Recidivist
and punishment.
c) abuse of con dence facilitated the ➔ Stealing the property to insure concealment of o ense;
a) O ender is on trial for an o ense;
commission of the crime of host is with abuse
By a band b) previously convicted by nal judgment of another crime;
of con dence
a) at least four; c) both o enses embraced in same title of Code;
Obvious ungratefulness
b) all four are armed; One of the four should d) o ender be convicted of new o ense
not be a principal by
c) all shall have acted together, taking ➔ Also applies if both o enses violate the same
ungratefulness must be obvious, i.e. manifest and clear. inducement.
direct part in the execution of the Ordinance/SPL
act;
Palace of the Chief Executive ➔ Controlling is time of TRIAL, not the commission of
crime;
Chief Executive: Need COMMON ELEMENTS FOR PAR 6
a) Public authority must be in their ➔ The commission of crime and rendering of judgment must
not be in the palace; His a) facilitated the commission of the crime; OR
o ce while performing his duty; be successive: e.g.
mere presence aggravates;
b) especially sought by the o ender to insure the commission
b) He may be the o ended party He need not perform his Crime 1 → Judgment 1 → Crime 2 → Judgment 2
of the crime or for the purpose of impunity; OR
duties;
Reiteracion or habituality
c) o ender took advantage for the purpose of impunity;
Nocturnidad or Nighttime

a) Accused on trial for an o ense; ➔ If o ender has not commit crime; determined to commit a) At the time of the attack, victim was
been previously the crime, 2nd req. exists. not in a position to defend himself a) Applies to crimes
b) previously served sentence for b) act indicating culprit clung to this
punished or served or retaliate; AND against persons;
another o ense of an equal or determination;
greater penalty, or for two or more sentence, reiteracion b) o ender consciously adopted the b) mode of attack
c) su cient lapse of time between
crimes of a lighter penalty than that is NOT attendant; particular means, methods, or consciously adopted.
determination and execution,
for the new o ense; ➔ Reiteracion NOT forms.
allowing REFLECTION and
c) be convicted of the new o ense. ALWAYS aggravating COOL THOUGHT Ignominy
Consideration of price, reward or promise Craft A circumstance
pertaining to the moral
a) there must be at least two (2) If not alleged to qualify Act done in order not to must tend to make the e ects of the
involves intellectual trickery and order, which adds
principals, one by inducement and the crime to murder, arouse suspicion of the crime more humiliating, putting the
cunning disgrace and obloquy to
the other/s by direct participation; GENERIC only victim; victim to shame;
the material injury caused
Great waste and ruin Fraud by the crime.
When the crime committed is parricide, involves insidious words or Di ers from Craft in that Unlawful Entry
there is only GENERIC aggravating machinations used to induce the victim Fraud involves direct
There is an unlawful entry when an
in a manner which would enable the inducement by insidious
Explosion entrance is e ected by a way not NOT for escape
o ender to carry out his criminal design. words
intended for the purpose.
If there is intent to kill, using explosion,
Disguise
crime is MURDER Means are purposely used Breaking wall, roof, oor, door, or window
to accomplish a criminal involves resorting to any device to conceal identity
Derailment of Locomotive purpose. O ender need not enter the building for FORCIBLE ENTRY to be
Abuse of superior strength aggravating.
If person dies as a result without intent,
COMPLEX CRIME of damage to a) There should be notorious Aid of person under 15 and Means of motor vehicle
means of communication with inequality of forces between the two
Incompatible with 1. Two di erent aggravating: aid of minors under 15, means of
homicide (Arts 330 and 249 in rel to Art parties;
Passion or obfuscation motor vehicle;
4 and 48);
b) O ender takes advantage of this
2. Estafa cannot be committed by means of motor vehicle
Evident Premeditation inequality.
Cruelty
a) time when o ender determined to After o ender had Alevosia or Treachery

a) Injury caused be deliberately quali ed form. his alcoholic intake was intended to fortify his resolve to commit the
increased by causing other wrong; The culprit enjoys and crime, the circumstance of intoxication should be credited in his
delights in making his Based on a strict interpretation, alternative circumstances are thus
b) Other wrong is unnecessary in favor.
victim su er. not aggravating circumstances per se. Jurisprudence considers
accomplishing the crime; relationship as an aggravating circumstance in crimes against
chastity. However, rape is no longer a crime against chastity for
it is now classi ed as a crime against persons. f Absolutory Causes
e Alternative Circumstances Are those where the act committed is a crime but for reasons of
public policy and sentiment, there is no penalty imposed.
Alternative circumstances are those which must be taken into People v. lack of instruction generally mitigating
Bondoc except in Crimes against property and chastity A circumstance which is present prior to or simultaneously with
consideration as aggravating or mitigating according to the nature
the o ense by reason of which the accused who acts with criminal
and e ects of the crime and the other conditions attending its A close examination of the record is indicative of the lack of intent, freedom and intelligence does not incur a criminal liability
commission. They are the relationship, intoxication and the degree
instruction of the o ender. There is more than su cient for an act which constitutes a crime.
of instruction and education of the o ender.
justi cation for the nding of the mitigating circumstance of the
1) Spontaneous desistance in attempted felonies (Art. 6);
The alternative circumstance of relationship shall be taken into above character that would lessen the rigor of the Anti-Subversion
consideration when the o ended party is the spouse, ascendant, law. 2) Accessories in light felonies (Art. 16);
descendant, legitimate, natural, or adopted brother or sister, or 3) Accessories exempt from criminal liability by reason of
relative by a nity in the same degrees of the o ender. relationship (Art. 20);
The intoxication of the o ender shall be taken into consideration People v. Fontillas 2010 re intoxication
4) A legal spouse or parent who in icts slight or less serious
as a mitigating circumstances when the o ender has committed a The Court of Appeals correctly rejected the accused-appellant's physical injuries under exceptional circumstances; (Art.
felony in a state of intoxication, if the same is not habitual or assertion that his extreme intoxication from alcohol on the night 247. If death or serious injuries result, there is mitigated
subsequent to the plan to commit said felony but when the liability, as “extenuating circumstance”)
of the rape should be appreciated as a mitigating circumstance.
intoxication is habitual or intentional, it shall be considered as an
Accused did not present any evidence that his intoxication was not 5) Persons not criminally liable for theft, estafa or malicious
aggravating circumstance.
habitual or subsequent to the plan to commit the rape. mischief by reason of relationship to the o ended
party. (Art. 332)
People v. Orilla re relationship Entrapment Instigation

People v. Dawaton
The Amended Information did not allege Remilyn’s minor age.
The trial court erred in not appreciating the alternative law o cers employ ruses and
The prosecution’s failure to allege speci cally Remilyn’s the accused is induced to commit
circumstance of intoxication in favor of the accused. There schemes to ensure the
minor age prevents the transformation of the crime to its the crime.
being no indication that the accused was a habitual drunkard or that apprehension of the criminal

while in the actual commission informant who initially contacted Doria. At the pre-arranged
of the crime. meeting, the informant was accompanied by PO3 Manlangit who
3 Persons Liable and Degree of Participation
posed as the buyer of marijuana. PO3 Manlangit handed the marked
the law o cer conceives the money to Doria as advance payment for one (1) kilo of marijuana.
commission of the crime and Doria was apprehended when he later returned and handed the a Principals, Accomplices, and Accessories
the mens rea originates from the
suggests to the accused who brick of marijuana to PO3 Manlangit.
mind of the criminal Principals
adopts the idea and carries it into
execution Battered Woman Syndrome By direct participation
does NOT exempt the criminal People v. Genosa in rel. to Sec. 26, RA 9262 a) Participated in the criminal resolution; and
considered an absolutory cause.
from liability. b) Carried out their plan and personally took part in its
The severe beatings repeatedly in icted on appellant constituted a
execution by acts which directly tended to the same end.
form of cumulative provocation that broke down her psychological
resistance and self-control. This “psychological paralysis” she EXC where there was conspiracy to kidnap and kill and
People v. Casio 2014 only one of the conspirators kidnapped the victim.
su ered diminished her will power, thereby entitling her to the
Accused was predisposed to commit the o ense because she mitigating factor under paragraphs 9 and 10 of Article 13. In 1) If the 2nd requisite is absent, there is only conspiracy, which
initiated the transaction. As testi ed by PO1 Veloso and PO1 addition, appellant should also be credited with the extenuating may not be punishable in and of itself.
Luardo, accused called out their attention by saying “Chicks mo circumstance of having acted upon an impulse so powerful as to
have naturally produced passion and obfuscation. By induction
dong?”
In order to be classi ed as a battered woman, the couple must go 2) Two ways of becoming principal by induction, by directly
With regard to the lack of prior surveillance, prior surveillance is
through the battering cycle at least TWICE. The battered a. Forcing
not a condition for an entrapment operation’s validity.
woman syndrome is characterized by the so-called “cycle of
As held in People v. Padua, a prior surveillance is not a i. By using irresistible force;
violence,” which has three phases:
prerequisite for the validity of an entrapment or buy-bust ii. By causing uncontrollable fear; OR
operation, the conduct of which has no rigid or textbook method. 1) the tension-building phase;
b. Inducing
2) the acute battering incident; and
i. By giving price, or o ering reward or promise;
3) the tranquil, loving (or, at least, nonviolent) phase.
People v. Doria ii. By using words of command.
The Court failed to nd ample evidence that would con rm the
Entrapment in the Philippines is not a defense available to the another to commit a crime.
presence of the essential characteristics of BWS. The defense fell
accused. It is instigation that is a defense and is considered an
short of proving all three phases of the “cycle of violence” 3) Becomes liable only when the principal by direct participation
absolutory cause. supposedly characterizing the relationship of Ben and Marivic committed the act.
In the case at bar, the evidence shows that it was the con dential Genosa.
4) The inducement

a. must be made directly with the intention of procuring By indispensable cooperation b) he cooperates in the execution of the o ense by
the commission of the crime; and previous or simultaneous acts; and,
a) There is either anterior conspiracy or unity of
b. that such must be the determining cause of the crime. criminal purpose and intention immediately before the c) there must be a relation between the acts done by the
commission of the crime charged; and principal and those attributed to the person charged as
5) The inducement must precede the act induced and must be so
accomplice.
in uential in producing the criminal act that without it, the b) Cooperation in the commission of the o ense by
act would not have been performed. performing another act, without which it would not have
Gurro v. People 2019
been accomplished.
6) Requisites for a person using words of command to be
liable as principal by induction: 9) One who, by acts of negligence, cooperates in the commission The prosecution failed to prove, much less allege, any overt act on
of the crime may be liable as co-principal. But he is held guilty Excel's part showing his direct participation in the kidnapping itself.
a. The one commanding must have the intention of
of the same crime through reckless imprudence. It must be remembered that for one to be regarded as an accomplice,
procuring the commission of the crime;
it must be shown that
Collective Criminal Responsibility (CCR)
b. He must have an ascendancy or influence over the person
1. he knew the criminal design of the principal by direct
who acted; 10) When the o enders are criminally liable in the same manner
participation, and concurred with the latter in his purpose;
and to the same extent. The penalty to be imposed must be
c. The words used must be so direct, efficacious, powerful as
the same for all. 2. he cooperated in the execution by previous or
to amount to physical or moral coercion;
simultaneous acts, with the intention of supplying material
11) Principals by direct participation have CCR; Principal by
d. The words must be uttered prior to the commission of the or moral aid in the execution of the crime in an e cacious
induction, except that who directly forced another to commit a
crime; and way; and
crime, and principal by direct participation have CCR;
e. The material executor of the crime has no personal Principal by indispensable cooperation has CCR with the 3. his acts bore a direct relation with the acts done by the
reason to commit the crime. principal by direct participation. principal.
7) One cannot be held guilty of having instigated the commission At best, Excel's participation in the incident was limited to acts
Accomplices
of a crime without rst being shown that the crime has been committed after the abduction was already consummated.
Accomplices are persons who, not being included in Article 17 of
actually committed by another. Particularly, Excel retrieved the ransom money from Metrobank.
the RPC, cooperate in the execution of the o ense by previous or
8) But if the one charged as principal by direct participation is simultaneous acts. 12) Where there is doubt whether accused acted as principal or
acquitted because he acted without criminal intent, his
The following requisites must be proved in order that a person accomplice, he should be liable only as an accomplice.
acquittal is NOT a ground for the acquittal of the principal by
can be considered an accomplice: 13) When the participation of an accused is not disclosed, only an
inducement.
a) community of design, i.e., knowing that criminal design accomplice.
of the principal by direct participation, he concurs with
the latter in his purpose;

14) An accomplice does not have previous agreement or b) By concealing or destroying the body of the crime, or Time of Participation
understanding or is not in conspiracy with the principal by the e ects or instruments thereof, in order to prevent its
direct participation. discovery. Previous Simultaneous After
15) What di erentiates an accomplice from a conspirator is that c) By harboring, concealing, or assisting in the escape Principal ✔ ✔ ✔
the former only concurs with the criminal design, and not of the principals of the crime, provided the accessory acts
the criminal intention. The conspirators have already decided with abuse of his public functions or whenever the author Accomplice ✔ ✔
upon such course of action. Accomplices come to know about of the crime is guilty of treason, parricide, murder, or an
it after the principals have reached the decision. attempt to take the life of the Chief Executive, or is known Accessory ✔
16) In other words to be habitually guilty of some other crime.
a. Conspirators are the AUTHORS of a crime; 20) The liability of an accessory is subordinate and subsequent to
that of the principal. People v. Agapinay
b. Accomplices are mere INSTRUMENTS who perform
acts not essential to the perpetration of the o ense. 21) Thus, when the principal is acquitted, no legal grounds exist As regards Julia Rapada, it is the opinion of this Court that she can
for convicting accused as an accessory. Exception to this rule is not be held liable (as a principal by inducement). Her words,
17) The acts of the accomplice are necessary, but not
when the principal is acquitted due to an exempting "Kill him and we will bury him" amount to imprudent utterances,
indispensable to the commission of the crime. He merely
circumstance such as minority or insanity. and not, rather, in the nature of a command that had to be obeyed.
supplies the principal with material or moral aid without
conspiracy with the latter. 22) Apprehension and conviction of the principal is not Only Romeo, Del n, and Fortunato should be held as principals in
necessary for the accessory to be held criminally liable. the crime of murder. Romeo is guilty, as he admitted in open court,
18) The moral aid may be through advice, encouragement or
Exempted accessories by direct participation, while Del n and Fortunato are liable as
agreement.
principals by cooperation. In holding the victim by his arms, both
19) An accomplice may be liable for a crime di erent from that GR: When the principal is his allowed Romeo to in ict upon him a stab wound.
which the principal committed. 1. Spouse, Alex, Dante, and Cirilo, on the other hand, should be held as
Accessories 2. Ascendant, simple accomplices for their acts of pelting the victim with rocks.
Since the deceased had already sustained two stab wounds, the act of
Accessories are those who, having knowledge of the 3. Descendant, or
hurling rocks at him was not indispensable to justify holding them
commission of the crime, and without having participated
4. Legitimate, natural or adopted brother, sister or relative by legally liable as principals.
therein, either as principals or accomplices, take part subsequent
a nity within the same degree.
to its commission in any of the following manners:
EXC if such accessory
a) By pro ting themselves or assisting the o ender to People v. Madali
pro t by the e ects of the crime. 1. Profited by the e ects of the crime, or
2. Assisted the o ender to pro t by the e ects of the crime. Annie's participation in the shooting of the victims consisted of

beaming her ashlight at them and warning her husband of the between Ida and Tampus to commit the rape of ABC. Ida had EXC When the law specially provides a penalty therefor.
presence of other persons in the vicinity. However, such assistance knowledge of and assented to Tampus' intention to have sexual
a. Conspiracy to commit treason (115);
merely facilitated the commission of the felonious acts of intercourse with her daughter. She forced ABC to drink beer, and
shooting. Ricarte Madali could have nevertheless when ABC was already drunk, she left ABC alone with Tampus, b. Conspiracy to commit coup d’etat, rebellion or
accomplished his criminal acts without Annie's cooperation with the knowledge and even with her express consent to Tampus' insurrection (136);
and assistance. plan to have sexual intercourse with her daughter. c. Conspiracy to commit sedition (141).
Neither may Annie's shouts of "here comes, here comes another, It is settled jurisprudence that the previous acts of cooperation by
Requisites of proposal
shoot'' be considered as having incited Ricarte to re at the victims the accomplice should not be indispensable to the commission of
1. A person has decided to commit a felony; and
to make Annie a principal by inducement. There is no proof that the crime; otherwise, she would be liable as a principal by
those inciting words had great dominance and in uence over indispensable cooperation. The evidence shows that the acts of 2. That he proposes its execution to some other person or
Madali. The fact that Annie dealt a blow on Agustin while he was cooperation by Ida are not indispensable to the commission of persons.
being dragged by Madali to their yard does not make her a rape by Tampus. First, because it was both Ida and Tampus who
There is no criminal proposal when —
principal by direct participation. Annie's act, being previous to forced ABC to drink beer, and second because Tampus already had
Madali's act of shooting Agustin, was actually not indispensable to the intention to have sexual intercourse with ABC and he could a. The person who proposes is not determined to commit
the crime committed against Agustin. have consummated the act even without Ida's consent. the felony.
b. There is no decided, concrete and formal proposal.
c. It is not the execution of the felony that is proposed.
People v. Balderama b Conspiracy and Proposal
The proposal need not be accepted for the proponent to be
Balderrama had great moral ascendancy and in uence over the criminally liable. If the proposal is accepted, it may transform to a
ART 8. Conspiracy and proposal to commit felony. —
accused Oscar. We are convinced that Oscar, who was not shown to conspiracy because there would then be an agreement and a
Conspiracy and proposal to commit a felony are punishable only in
have any rancor against Nestor, would not have given the fatal thrust decision to commit a felony.
the cases in which the law specially provides a penalty therefor.
had it not been for Ernesto's shout of "Birahin mo na" or "birahin
mo." A conspiracy exists when two or more persons come to an Conspiracy as a crime and as a mode of incurring
criminal liability
agreement concerning the commission of a felony and decide to
commit it. 1. Conspiracy exists when two or more persons come to an
People v. Tampus and Montesclaros supra agreement concerning the commission of a crime and
There is proposal when the person who has decided to commit a
decide to commit it. Conspiracy, like the crime itself, must
The nding of guilt of Ida as an accomplice in the rape of ABC is felony proposes its execution to some other person or persons. be proven beyond reasonable doubt.
dependent on proving the guilt of the principal accused. All the
GR Conspiracy and proposal to commit a felony are 2. Mere presence, knowledge, acquiescence to or agreement to
requisites concur in order to nd Ida guilty as an accomplice to
NOT punishable. cooperate, is not enough to constitute one as a party to a
Tampus in the rape of ABC. There was community of design
conspiracy, absent any active participation in the

commission of the crime, with a view to the furtherance of

b) Chain conspiracy, usually involving the distribution of Liability for prior acts
the common design and purpose.
narcotics and contraband, in which there is successive
The liability of a conspirator for acts performed by his
3. When conspiracy relates to a crime actually committed, it is communication and cooperation.
co-conspirators before he joined the conspiracy depends on the
not a felony but only a manner of incurring criminal
Extent of liability of conspirators nature of those acts:
liability. Thus, an act of one is the act of all. It is then not
punishable as a separate o ense. 1. All are liable for the felony agreed upon under the conspiracy a. If the prior acts were the beginning of a felony which was
theory. consummated after he joined, he is liable for prior acts;
4. In a conspiracy, it is not necessary to show that all the
conspirators actually hit and killed the victim. What is 2. Liable only for such other crimes which could be foreseen and b. If they were separate felonies unrelated to those
important is that all participants performed speci c acts which are the natural and logical consequences of the committed after he joined, NOT liable.
with such closeness and coordination as to unmistakably conspiracy, or foreseeable offenses.
indicate a common purpose or design to bring about the death People v. Bangcado re Doctrine of Limited Liability
Thus, when the agreement was to commit robbery, homicide
of the victim. is foreseeable, whereas rape is NOT. In the absence of any previous plan or agreement to commit a
Requisites of conspiracy 3. A member of a band in a robbery en cuadrilla is liable for all crime, the criminal responsibility arising from di erent acts
assaults, inclusive of homicide and rape, where he was present directed against one and the same person is individual and
1. That two or more persons came to an agreement;
when these other crimes were being committed but he did not not collective, and that each of the participants is liable only
2. The agreement concerned the commission of a felony; and attempt to prevent the same (Art 296 par 2), regardless if for his own acts. Consequently, Banisa must be absolved from
3. That the execution of the felony be decided upon. such additional o enses were foreseeable or not. criminal responsibility for the assault on the victims. It is clear that
Kinds of conspiracy, their differences and similarities neither the victims nor Banisa could have anticipated Bangcado's act
4. If both conspiracy to rob and cuadrilla are present:
of shooting the victims since the attack was sudden and without any
In Fernan, Jr v. People, a prosecution of 36 accused for estafa on
a. If a homicide is committed, the lookout is liable under the reason or purpose. Thus, the criminal design of Bangcado had not
119 counts through falsi cation of public documents in order to
conspiracy theory; yet been revealed prior to the killings.
commit a series of highway scams through multiple conspiracies
among them, the SC categorized the structure of such multiple b. If a rape was committed in his presence and he did not
conspiracies thereof as a guide for prosecution. attempt to prevent, he will be liable under the cuadrilla
rule; People v. Bagano
It adverted to Estrada v. Sandiganbayan wherein such structures
were named as: c. If the lookout was not present when homicide and rape For conspiracy to exist, it is su cient that at the time of the
were committed, he will only be liable for the homicide commission of the o ense the accused had the same purpose and
a) Wheel or circle conspiracy, in which there is a single
under the conspiracy theory. were united in its execution. Proof of an actual planning of the
person, or hub, dealing individually with 2 or more
perpetuation of the crime is not a condition precedent.
persons or groups, the spokes; and
From the mode and manner in which the o ense was perpetrated,
and as can be inferred from their acts, it is evident that Bagano and

Cañete were one in their intention to kill Montecino. The fact that not enough to constitute one as a party to a conspiracy, Only Canturia should be held responsible for the crime
it was Bagano who delivered the fatal blow on Montecino and absent any active participation in the commission of the because he alone perpetrated the detestable crime of rape. The
Cañete's participation was limited to a mere embrace is immaterial. crime, with a view to the furtherance of the common design others could not be held liable therefor. For while the evidence does
Conspiracy bestows upon them equal liability; hence, they shall and purpose. Conspiracy transcends companionship. The presence show a conspiracy among the accused, it also suggests that the
su er the same fate for their acts. and company of Lemuel were not necessary or essential to the agreement was to commit robbery only; and there is no evidence
perpetration of the murder. that the other members of the band of robbers were aware of
Canturia's lustful intent and his consummation thereof so that they
People v. Verceles could have attempted to prevent the same.
Garcia v. CA Said other members of Canturia's band may and should be held
Conspiracy has been su ciently proved by the prosecution.
guilty of the crime of robbery by a band under Article 294, No. 5, in
Accused-appellants were one in design with accused Mamerto Conspiracy was alleged in the information. Thus, it is not
relation to Article 296.
Soriano in taking personal properties belonging to others without necessary to allege with exactitude the speci c act of the
the latter’s consent by breaking one of the windows to be used as accused, as it is a well-settled doctrine that in conspiracy the
their ingress. In the course of the robbery, one of them, particularly act of one is the act of all.
Mamerto Soriano, succumbed to lustful desires and raped Maribeth Sim v. CA re Implied Conspiracy
Neither is the fact that the two others allegedly in conspiracy with
Bolito while accused-appellants just stood outside the door and did
the petitioner were not named with particularity, nor tried and Conspiracy is deemed implied when the malefactors have a
nothing to prevent Mamerto Soriano.
convicted, of any moment. An information alleging conspiracy common purpose and were united in its execution.
Once conspiracy is established between two accused in the can stand even if only one person is charged except that the Spontaneous agreement or active cooperation by all perpetrators at
commission of the crime of robbery, they would be both court cannot pass verdict on the co-conspirators who were not the moment of the commission of the crime is su cient to create
equally culpable for the rape committed by one of them on charged in the information. joint criminal responsibility.
the occasion of the robbery, unless any of them proves that he
However, the mere fact that the petitioner had prior knowledge of Notwithstanding the fact that it was only Elison who dealt with or
endeavored to prevent the other from committing the rape.
the criminal design of the principal perpetrator and aided the latter personally transacted with private complainant until the time the
in consummating the crime does not automatically make him a sale was consummated, by his own testimony petitioner admitted all
co-conspirator. Both knowledge of and participation in the criminal the acts by which he actively cooperated and not merely acquiesced
People v. Compo act are also inherent elements of an accomplice. In cases of doubt in perpetrating the fraud upon private complainant. That petitioner
as to whether persons acted as principals or accomplices, the is a conspirator having joint criminal design with Elison is evident
The mere presence of Lemuel, who was not shown to be armed, at
doubt must be resolved in their favor and they should be held from the fact that as between them, both knew that petitioner was
the scene of the crime does not connote conspiracy. Singularity of
guilty as accomplices. the person selling the vehicle under the false pretense that a certain
purpose and unity in the execution of the unlawful objective
are essential to establish conspiracy. Henry Austria was the registered owner. Petitioner, together with
Elison, clearly deceived private complainant in order to
Mere knowledge, acquiescence, or agreement to cooperate, is defraud him.
People v. Canturia

from the date of his release or last conviction of the crimes of

from the unrebutted testimony of Eugenio that he heard
serious or less serious physical injuries, robo, hurto,
one of the accused-appellants order his companions to
People v. Rafael estafa or falsification, he is found guilty of any of said crimes
retreat, which they all did, upon the arrival of police
a third time or oftener.
Appellant's participation in the commission of the crimes consisted reinforcement.
of his presence at the locus criminis, and his shouting "Patayin, 4. Quasi-recidivism Art 160 (Special aggravating) — commits a
patayin iran amen!" (Kill them all!) during the later stage of the See Criminal Law Case Digest No. 37 felony after having been convicted by nal judgment, before
fatal incident. The prosecution witnesses did not see him bearing beginning to serve such sentence, or while serving the same,
any weapon or using one to in ict any injury on the victims. He did shall be punished by the maximum period of the penalty
not run away with the two other accused still at large. Thus, we are People v. Natindim 04 Nov 2020 prescribed by law for the new felony.
far from convinced that conspiracy existed between appellant
1. Under Article 8 of the RPC, a conspiracy exists when
and any of his sons. Relationship or association alone is Habitual delinquent Recidivist
two or more persons come to an agreement concerning the
NOT a badge of conspiracy. commission of a felony and decide to commit it. Conviction a 3rd time or
Requires 2nd conviction
His acts, however, demonstrated his concurrence in their aggressive 2. Here, appellants acted in concert in killing Pepito and oftener
design and lent support to their nefarious intent and a orded moral taking his properties, with their individual acts manifesting
and material support to their attack against the victims. Hence, we serious or less serious physical
a community of purpose and design to achieve their evil
are convinced he must be held liable as accomplice in the Crimes injuries, robo, hurto, estafa or Same title
purpose.
commission of the crimes. falsi cation
3. Conspiracy having been established as earlier discussed, the
appellants are guilty of Robbery under Article 294(5) of Within 10 years from his last
Intervening
the RPC. release or conviction for any of immaterial
People v. Camarino 09 Dec 2020 period
speci ed crimes
1. Conspiracy exists when two or more persons come to an
Succeeding After commission
agreement concerning the commission of a felony and After conviction for preceding
offense of preceding
decide to commit it. o ense
c Multiple O enses committed o ense
1.1. The agreement to commit a crime may be deduced
from the mode and manner of the commission of The four forms of REPETITION Imposition of additional
Results in Aggravates crime
the o ense or inferred from acts that point to a 1. Recidivism penalty
joint purpose and design, concerted action, and
2. Reiteracion or habituality
community of intent.
3. Multi-recidivism or habitual delinquency Art 62[5]
2. Accused-appellants' collective and individual acts
(Extraordinary aggravating) — if within a period of ten years
demonstrating the existence of a common design is evident

person who knowingly or willfully obstructs, impedes, frustrates or

Requisites of habitual delinquency Previous Previous Previous
Service of delays the apprehension of suspects and the investigation and
conviction by conviction by conviction by
1. At least three of the speci ed crimes be present, on the sentence is prosecution of criminal cases by committing any of the following acts:
nal judgment nal judgment nal judgment
preceding 2 of which the accused has been convicted by nal required.
is enough. is enough. is enough. a) preventing witnesses from testifying in any criminal
judgment;
proceeding or from reporting the commission of any o ense
2. Interval between rst conviction or release and the 2nd Within 10 or the identity of any o ender/s by means of bribery,
No period No period No period
conviction must not exceed 10 years. Such interval must be years from misrepresentation, deceit, intimidation, force or threats;
between between between
maintained for the succeeding o enses; release or last
convictions. convictions. convictions. b) altering, destroying, suppressing or concealing any paper,
conviction
3. The 2nd felony must have been committed after conviction or record, document, or object, with intent to impair its verity,
release in the rst felony, and the 3rd felony must have been Generic Generic Special Extraordinary authenticity, legibility, availability, or admissibility as evidence
committed after conviction or release in the 2nd felony. Aggravating Aggravating Aggravating Aggravating in any investigation of or o cial proceedings in, criminal cases,
➔ O enses committed and convictions at or about the same time or to be used in the investigation of, or o cial proceedings in,
Can not be Can not be criminal cases;
shall be considered as only ONE in reckoning the required 3 Can be o set Can be o set
o set o set
convictions. c) harboring or concealing, or facilitating the escape of, ANY
serves to serves to serves to person he knows, or has reasonable ground to believe or
Quasi Habitual increase increase increase Additional suspect, has committed ANY o ense under existing penal
Recidivism Reiteracion
Recidivism Delinquency laws in order to prevent his arrest prosecution and conviction;
penalty to penalty to penalty to penalty is
Serving maximum maximum maximum imposed. d) publicly using a ctitious name for the purpose of concealing a
sentence for an period. period. period. crime, evading prosecution or the execution of a judgment, or
O ense which
Need not be o ense concealing his true name and other personal circumstances for
the accused Additional
embraced punished Always Not always Always the same purpose or purposes;
was previously penalty always
under the same under the aggravating aggravating aggravating
convicted of Robbery, imposed e) delaying the prosecution of criminal cases by obstructing the
Title of the RPC or SPL,
and of which theft, serious service of process or court orders or disturbing proceedings in
RPC; BOTH while the
he is convicted or less serious the scal's o ces, in Tanodbayan, or in the courts;
o enses o ense that he
anew must be PI, estafa or Decree Penalizing Obstruction of Apprehension
however must commits while f) making, presenting or using any record, document, paper or
embraced falsi cation and Prosecution of Criminal O enders
be punished serving d object with knowledge of its falsity and with intent to a ect
under the
under the sentence must PD 1829 the course or outcome of the investigation of, or o cial
same Title of proceedings in, criminal cases;
RPC. be punished
the RPC. The penalty of prision correccional in its maximum period, or a ne
under the
RPC. ranging from 1K to 6K pesos, or both, shall be imposed upon any

g) soliciting, accepting, or agreeing to accept any bene t in con scation of the truck and the loaded lumber on November 15, 3) The penalty for habitual delinquents may be higher than
consideration of abstaining from, discounting, or impeding 2002. The petitioners took the truck on November 16, 2002, after that prescribed by the law de ning the crime, as there is
the prosecution of a criminal o ender; its con scation. another provision of law providing such.
h) threatening directly or indirectly another with the in iction of The factual allegations in the Information, while not constituting 4) The general rule is that penal laws shall have a retroactive e ect
any wrong upon his person, honor or property or that of any an o ense committed by accessories under Article 19, paragraph 2 insofar as they favor the person guilty of a felony except
immediate member or members of his family in order to of the RPC, constitute instead the criminal o ense of obstruction a) If the o ender is a habitual delinquent;
prevent such person from appearing in the investigation of, or of justice, which is de ned under Section 1(b) of P.D. No. 1829.
o cial proceedings in, criminal cases, or imposing a condition, b) The new or amendatory law is not favorable to him; or
whether lawful or unlawful, in order to prevent a person from c) Retrospective application is expressly proscribed.
appearing in the investigation of or in o cial proceedings in,
C Penalties 5) An ex post facto law is one which:
criminal cases;
Imposable Penalties a) makes criminal an act done before the passage of the
i) giving of false or fabricated information to mislead or prevent
law and which was innocent when done, and punishes
the law enforcement agencies from apprehending the o ender
Classi cation such an act;
or from protecting the life or property of the victim; or
fabricating information from the data gathered in con dence b) aggravates a crime, or makes it greater than it was, when
Duration and E ects
by investigating authorities for purposes of background committed;
information and not for publication and publishing or Application c) changes the punishment and in icts a greater
disseminating the same to mislead the investigator or to the punishment than the law annexed to the crime when
court. Subsidiary Imprisonment
committed;
If any of the acts mentioned herein is penalized by any other law with a Indeterminate Sentence Law d) alters the legal rules of evidence, and authorizes
higher penalty, the higher penalty shall be imposed. conviction upon less or di erent testimony than the law
Section 2. If any of the foregoing acts is committed by a public
Graduation of Penalties required at the time of the commission of the o ense;
o cial or employee, he shall in addition to the penalties provided e) assuming to regulate civil rights and remedies only, in
Accessory penalties
thereunder, su er perpetual disqualification from holding public e ect imposes penalty or deprivation of a right for
o ce. 1 Imposable Penalties something which when done was lawful, and
2015 1) The law must exist prior to the commission of the crime. f) deprives a person accused of a crime of some lawful
Padiernos v. People
protection to which he has become entitled, such as the
2) Regardless of the number of aggravating circumstances, the
In the present case, the crime punishable under P.D. 705 - the protection of a former conviction or acquittal, or a
penalty cannot go higher than that prescribed by law, unless
illegal possession of lumber - had already been discovered at proclamation of amnesty.
the nature of the crime has changed.
the time the petitioners took the truck. This discovery led to the

6) The favorable e ect of a new law may nd the defendant in Arresto mayor Time included in its
one of these situations: Penalties
Suspension entirety min med max
a) Prosecution begins;
Destierro
b) Sentence has been passed but service has not begun; 14Y 8M 17Y 4M
12Y 1D 12Y 1D
Arresto menor Reclusion 1D 1D
c) Sentence is being carried out. Light to to
temporal to to
Public censure 20Y 14Y 8M
7) A person shall be deemed to be a habitual delinquent, if 17Y 4M 20Y
within a period of ten years from the date of his release or last A ictive Fine > 1.2M
conviction of the crimes of serious or less serious physical Prision mayor,
Correctional Fine of 40K to 1.2M 6Y 1D 6Y 1D 8Y 1D 10Y 1D
injuries, robo, hurto, estafa or falsi cation, he is found guilty absolute DQ
to to to to
of any of said crimes a third time or oftener. (Art 62[5]) Light Fine < 40K and special
12Y 8Y 10Y 12Y
8) Criminal liability under a repealed law subsists: temporary DQ
Bond to keep the peace
a) When the provisions of the former law are reenacted; Prisión
Perpetual or temporary absolute disquali cation
6M 1D 6M 1D 2Y 4M 4Y 2M
b) When repeal is by implication; OR correccional,
Perpetual or temporary special disquali cation to to 1D to 1D to
suspension and
c) When there is a saving clause. 6Y 2Y 4M 4Y 2M 6Y
Suspension from public o ce the right to vote destierro
and be voted for the profession or calling
2 Classi cation N/A 1M 1D 1M 2M 1D 4M 1D
Civil interdiction Arresto mayor to to to to
As to Gravity Penalty 6M 2M 4M 6M
Indemni cation
Capital Death
Forfeiture or con scation of instruments and Arresto menor 1 - 30D 1 - 10D 11 - 20D 21 - 30D
Reclusion perpetua proceeds of the o ense
Reclusion temporal Payment of costs Preventive imprisonment

1) When the o ense charged is nonbailable, or he cannot furnish
A ictive Perpetual or temporary absolute disquali cation NB: RA 9346 abolished death penalty; converts death penalty
the required bail.
to RP or Life Imprisonment (Pp v. Bon)
Perpetual or temporary special disquali cation
2) Shall be credited in the service of their sentence consisting of
Prision mayor 3 Duration and E ects deprivation of liberty, with the full time during which they
have undergone preventive imprisonment if the detention
Correctional Prisión correccional
prisoner

a) agrees voluntarily in writing a. Deprivation of a. Deprivation of

b) after being informed of the e ects thereof and i. Public o ce and employments, even if by election; i. Rights of parental authority or guardianship;
c) with the assistance of counsel ii. Right to vote or to be voted upon. ii. Marital authority;
d) to abide by the same disciplinary rules imposed upon b. DQ for the o ces or public employments and for the iii. Right to manage his property and of the right to
convicted prisoners, exercise of any of the rights mentioned; dispose of such property inter vivos.
EXC in the following cases: c. Loss of right to retirement pay or pension NB: But can dispose by will or donation mortis causa.
a. When they are recidivists, or have been convicted NB: Perpetual DQs last during lifetime of convict, while 6. Bonds to keep the peace
previously twice or more times of any crime; and temporary DQs last during term of the sentence,
a. present two su cient sureties who shall undertake that
b. When upon being summoned for the execution of their EXC such person will not commit the o ense sought to be
sentence they have failed to surrender voluntarily. prevented;
a. Public o ce or employment;
3) Otherwise, he shall only be credited to four- fths of his time b. Loss of all rights to retirement pay or other pension.
b. deposit such amount in the o ce of the clerk of the court
under preventive imprisonment. to guarantee said undertaking;
2. PTSD for public o ce, profession or calling
4) Credit for the penalty of reclusion perpetua shall be deducted c. If o ender fails to give the bond as required he shall be
from 30 years. a. Deprivation of the o ce, employment, profession or detained for a period which shall in no case exceed six
calling; months, if he shall have been prosecuted for a grave or
5) These o enders are NOT entitled to such credit:
b. DQ for holding similar o ces or employments. less grave felony, and shall not exceed thirty days, if for
a) Recidivists; a light felony.
3. PTSD for the exercise of right of su rage
b) Those who failed to voluntarily surrender upon being
a. Deprivation of the right to vote and be voted upon; Effects of pardon
summoned for the execution of their sentence;
1. shall not work the restoration of the right to hold public
c) Habitual delinquents; b. Cannot hold any public o ce.
o ce, or the right of su rage, unless such rights be
d) Escapees; 4. Suspension from public o ce, profession or calling, or the expressly restored by the terms of the pardon.
right of su rage
e) Those charged with heinous crimes. 2. shall in no case exempt the culprit from the payment of
a. DQ from holding such o ce or exercising such profession the civil indemnity imposed upon him by the sentence.
Effects of Penalties or calling, or right of su rage;
6) Limitations upon its exercise
PTAD = Perpetual or Temporary Absolute DQ; b. If suspended from public o ce, cannot hold another
a. Only after conviction;
PTSD = Perpetual or Temporary Special DQ. o ce having similar functions.
b. Does not extend to cases of impeachment.
1. PTAD for public o ce 5. Civil interdiction

7) When the principal penalty is remitted by pardon, only the d. The cost of the proceedings. perpetua sans a xed period for its duration, regardless of any
e ect of that principal penalty is extinguished, but not the mitigating or aggravating circumstance that may have attended the
What are not penalties
accessory penalties attached to it, except when an absolute commission of the crime. In prescribing the penalty of reclusion
pardon is granted after the term of imprisonment has 1. The arrest and temporary detention of accused persons, as well perpetua, its duration in years, in ne, need not be speci ed.
expired, everything is removed. as their detention by reason of insanity or imbecility, or illness
requiring their con nement in a hospital.
Pardon by President Offended party 2. The commitment of a minor to any of the institutions People v. Latupan
mentioned in Article 80 and for the purposes speci ed therein.
Applicable to Any crimes Private crimes only The proper imposable penalty is reclusion perpetua, not life
3. Suspension from the employment of public o ce during the imprisonment. Obviously, the trial court intended to impose
As to criminal trial or in order to institute proceedings. reclusion perpetua. However, the penalty of life imprisonment is
Extinguishes Only bars prosecution
liability not the same as reclusion perpetua. They are distinct in nature,
4. Fines and other corrective measures which, in the exercise of
their administrative disciplinary powers, superior o cials in duration and in accessory penalties.
As to civil liability Does not a ect Extinguishes
may impose upon their subordinates. Hence, the proper penalty for each murder, considering the absence
May be absolute Not subject to of aggravating and mitigating circumstances, is reclusion perpetua,
As to conditions 5. Deprivation of rights and the reparations which the civil laws
or conditional conditions with its accessory penalties. Further, accused-appellant is liable for
may establish in penal form. (Art 24)
two counts of slight physical injuries and must be sentenced to
After
Must be given Before institution of case twenty (20) days of arresto menor, each, likewise with its accessory
conviction 4 Application
penalties.
In adultery or
Given to Any party concubinage, must be People v. Zacarias
given to both o enders. Reclusion perpetua Life Imprisonment
In the scales of penalties under the RPC, reclusion perpetua is the
Pecuniary liabilities penalty immediately higher than reclusion temporal which has a for serious o enses penalized by
prescribed under the RPC
duration of twelve years and one day to twenty years. The minimum special laws
8) In case the property of the o ender should not be su cient
range of reclusion perpetua should then, by necessary implication,
for the payment of all his pecuniary liabilities, the same shall be does not carry with it any
start at 20 years and 1 day while the maximum thereunder could be has accessory penalties
met in the following order: accessory penalty
co-extensive with the rest of the natural life of the o ender. Article
a. The reparation of the damage caused. 70, however, provides that the maximum period in regard to the entails imprisonment for at least
b. Indemni cation of consequential damages. service of sentence shall not exceed 40 years. Reclusion perpetua does not appear to have any
thirty (30) years after which the
remains to be an indivisible penalty and, when it is the de nite extent or duration
c. The ne. convict becomes eligible for
prescribed penalty, should be imposed in its entirety, i.e., reclusion

pardon, although the maximum d) If the principal penalty imposed is not to be executed by Procedure
period thereof shall in no case con nement in a penal institution, but such penalty is of
1. Getting the MAXIMUM range
exceed forty (40) years xed duration, the convict, during the period of time
established in the preceding rules shall continue to su er a. Start with the imposable penalty of the RPC;
a Subsidiary Imprisonment the same deprivations as those of which the principal b. If there are privileged mitigating (Art 68-69), or special
penalty consists. mitigating circumstances (Art 64[5]), lower the penalty
1) If the convict has no property with which to meet the FINE rst by 1 degree or more, then start from there.
e) The subsidiary personal liability which the convict may
mentioned in paragraph 3 of the next preceding article, he
have su ered by reason of his insolvency shall not relieve 2. Getting the MINIMUM range;
shall be subject to a subsidiary personal liability at the rate him from the ne in case his nancial circumstances
of one day for each amount equivalent to the highest a. The degree next lower to the maximum range is the
should improve.
minimum wage rate prevailing in the Philippines at the minimum range of the indeterminate sentence.
time of the rendition of judgment of conviction by the trial 2) The subsidiary penalty of imprisonment in case of
3. Getting the MAXIMUM TERM
court, subject to the following rules: non-payment of the penalty of ne must be stated in the
Judgment, otherwise it cannot be imposed despite a. Consider the presence of attendant circumstances in order
a) If the principal penalty imposed be prision correccional to determine the period of the penalty;
non-payment of the ne. (Pp v. Alapan 2018)
or arresto and ne, he shall remain under con nement
3) NO subsidiary penalty in the following cases b. Said period shall be the actual maximum term of the
until his ne referred in the preceding paragraph is
indeterminate sentence;
satis ed, but his subsidiary imprisonment shall NOT a) When penalty imposed is HIGHER than prision
exceed one-third of the term of the sentence, and in 4. Getting the MINIMUM TERM
correccional;
no case shall it continue for more than one year, and a. Shall be taken from any period of the minimum range,
no fraction or part of a day shall be counted against the b) For failure to pay reparation of damage caused,
taking into consideration the factors stated in People v.
prisoner. indemni cation of consequential damages, and cost of
Ducosin
proceedings;
b) When the principal penalty imposed be only a ne, the Inapplicability
subsidiary imprisonment shall NOT exceed six months c) When penalty imposed is ne and a penalty not to be
if the culprit shall have been prosecuted for a grave or less executed by con nement in a penal institution and which 1. persons convicted of o enses punished with death penalty or
grave felony, and shall NOT exceed fteen days, if for a has no xed duration. life-imprisonment;
light felony. 4) Unless the SPL provides that subsidiary imprisonment shall 2. convicted of treason, conspiracy or proposal to commit
c) When the principal penalty imposed is HIGHER than not be imposed, then it may be imposed. IOW, if the SPL is treason;
prision correccional, NO subsidiary imprisonment silent, subsidiary imprisonment is allowed. 3. convicted of misprision of treason, rebellion, sedition or
shall be imposed upon the culprit. espionage;
Indeterminate Sentence Law
b 4. convicted of piracy;
Act No. 4103

5. habitual delinquents; 3. Apply the indeterminate sentence law, when applicable. serving sentence thereunder, then practice, procedure and
pragmatic considerations would warrant and necessitate the
6. have escaped from con nement or evaded sentence;
People v. Temporada matter being brought to the judicial authorities for relief under
7. those who having been granted conditional pardon by the a writ of habeas corpus.
Chief Executive shall have violated the terms thereof; Discussion on relevant terminologies
2. Mitigating circumstances should be considered and applied
8. whose maximum term of imprisonment does not exceed one 1. The RPC provides for an initial penalty as a general
only if they affect the periods and the degrees of the penalties
year. prescription for the felonies de ned therein which consists
within rational limits.
of a range of period of time. This is what is referred to as
In summary 3. The nal query is whether or not the Indeterminate
the "prescribed penalty."
1. Determine rst the degree before xing the periods; Sentence Law is applicable to the case now before us.
2. The Code provides for attending or modifying Apparently it does, since drug o enses are not included in nor
a. Take the penalty for the principal in the consummated circumstances which when present in the commission of a has appellant committed any act which would put him within
stage as the starting point; felony a ects the computation of the penalty to be imposed the exceptions to said law and the penalty to be imposed does
b. Disregard the attendant circumstances; on a convict. This penalty, as thus modi ed, is referred to as not involve reclusion perpetua or death.
the "imposable penalty."
c. Consider the factors in graduating by degree. 4. It is held that Sec 1 of ISLaw refers to an o ense under a special
3. From this imposable penalty, the court chooses a single law wherein the penalty imposed was not taken from and is
2. Determine the proper period in accordance with Arts 62 and
xed penalty (also called a straight penalty) which is the without reference to the RPC.
64 by considering the following:
"penalty actually imposed" on a convict, i.e., the prison
a. Ordinary mitigating — minimum period; term he has to serve.
b. Generic aggravating — maximum period; 4. With the passage of the ISL, the law created a prison term People v. Cesar
c. Alternative circumstances — depends on whether it which consists of a minimum and maximum term called
Accused-appellant pleaded guilty to and was convicted of the crime
mitigates or aggravates; the indeterminate sentence. Thus, the penalty actually
of direct assault upon a person in authority with homicide.
imposed under the pre-ISL regime became the maximum
d. Complex crimes — always maximum; This being a complex crime, the penalty for the more serious
term under the ISL regime.
e. Crimes due to error in personae (Art 49), the penalty for crime should be imposed, the same to be applied in its
the lesser o ense, as between that committed and maximum period. The more serious crime is homicide punishable
intended, is imposed in the maximum period; by reclusion temporal (the prescribed penalty).
People v. Simon
f. Abuse of public position or membership in an organized Accused has to his credit two mitigating circumstances: the
1. If the judgment which could be a ected and modi ed by the special or privileged mitigating circumstance of minority and
syndicate (Art 62 par 1[a]) — maximum period.
reduced penalties provided in Republic Act No. 7659 has the ordinary mitigating circumstance of plea of guilty.
g. Quasi-recidivism (Art 160) — maximum period; already become nal and executory or the accused is
1. Therefore, under Art. 64, par. 5, the penalty imposable
h. Ordinary attendant circumstances may o set each other.

is the penalty next lower to that prescribed by law. The ISLaw, under Section 2, is not applicable to, among others,
cases where the maximum term of imprisonment does not
2. Under Art. 71, the penalty next lower to reclusion Gelig v. People 2010 supra
exceed one year. In determining “whether an indeterminate
temporal is prision mayor.
sentence and not a straight penalty is proper, what is considered is The penalty for the crime of direct assault is prision correccional
3. Because of the complex nature of the crime committed, the the penalty actually imposed by the trial court, after in its medium and maximum periods. The penalty should be
penalty of prision mayor is to be applied in its considering the attendant circumstances, and not the imposable xed in its medium period in the absence of mitigating or
maximum period. penalty.” aggravating circumstances. Applying the ISLaw, the petitioner
4. However, having in his favor the ordinary mitigating should be sentenced to an indeterminate term, the minimum of
In the case at bar, since the maximum of the imposable penalty is six
circumstance of plea of guilty without any offsetting which is within the range of the penalty next lower in degree, i.e.,
months, the ISLaw is not applicable. Thus, it is proper to impose
aggravating circumstance, applying Art. 64, par. 2, the arresto mayor in its maximum period to prision correccional
a straight penalty of four months and one day of arresto mayor
penalty of prision mayor maximum should be imposed in its minimum period, and the maximum of which is that
and delete the imposition of ne.
in its minimum range. properly imposable under the RPC, i.e., prision correccional
in its medium and maximum periods.
The proper method, thus, is
1. to start from the penalty imposed by the RPC, i.e., Cajigas v. People
reclusion temporal; Applying the ISLaw, Reynaldo Mariano v. People 2014
2. then apply the privileged mitigating circumstance of 1. the minimum of the indeterminate sentence can be Death stands alone as the capital punishment. The RPC
minority and determine the penalty immediately inferior in anywhere within the range of the penalty next lower in classi es the felony of serious physical injuries in Art 263 based on
degree, i.e., prision mayor; and degree to the penalty prescribed by the RPC for the crime. the gravity of the physical injuries.
3. nally, apply the same in its maximum degree due to the 2. The determination of the minimum term of the With Ferdinand not becoming insane, imbecile, impotent, or blind,
complex nature of the crime indeterminate sentence should be done without his physical injuries did not fall under Article 263[1]. Consequently,
4. but within the minimum range thereof because of the considering any modifying circumstance attendant to the CA incorrectly considered the petitioner’s act as a grave felony
ordinary mitigating circumstance of plea of guilty. the commission of the crime and without reference to the had it been intentional, and should not have imposed the penalty at
periods into which it may be subdivided. arresto mayor in its maximum period to prision correccional in its
Prision mayor being the maximum of the indeterminate sentence,
3. The penalty prescribed under Article 315, paragraph 2(d) medium period. Instead, the petitioner’s act that caused the serious
the minimum of the indeterminate penalty is within the range of
of the RPC, as amended by PD 818, is reclusion temporal. physical injuries, had it been intentional, would be a less grave
the penalty next lower to it as prescribed by the RPC, i.e., prision
correccional. felony under Article 25, because Ferdinand’s physical injuries were
4. The penalty next lower in degree is prision mayor.
those under Article 263[3], for having incapacitated him from the
5. The minimum term of the indeterminate penalty should performance of the work in which he was habitually engaged in for
be anywhere within six years and one day to 12 years of more than 90 days.
Lumauig v. People 2014 supra
prision mayor.

mutually helping one another for purposes of gain in the

Conformably with Article 365, the proper penalty is arresto The determination of the minimum and maximum terms is left commission of any crime.
mayor in its minimum and medium periods, which ranges entirely to the discretion of the trial court, the exercise of which will
3. Quasi-recidivism;
from one to four months. As earlier mentioned, the rules in not be disturbed on appeal unless there is a clear abuse.
Article 64 are NOT applicable in reckless imprudence, and 4. Ordinary complex crimes.
considering further that the maximum term of imprisonment Thus, the maximum period of the prescribed penalty
would not exceed one year, rendering the Indeterminate 5 Graduation of Penalties becomes the DEGREE. To get the proper period, divide this
Sentence Law inapplicable, the Court holds that the straight maximum period into 3 equal periods.
penalty of two months of arresto mayor was the correct penalty for By degree By period Always MAX
the petitioner. Inapplicability of graduation by period
Stage of commission Ordinary aggravating Special aggravating 1. Only indivisible penalties are involved (Art 63);
Participation Ordinary mitigating Delito complejo 2. Penalty consists only of a ne (Art 66);
People v. Medroso
3. O enses penalized by SPL, unless divisible penalties in the
Privileged mitigating
Paragraph 5 of Article 365 expressly states that in the imposition of RPC were adopted by the SPL to punish violations thereof;
the penalties provided for in the Article, the courts shall exercise and
Factors to consider to graduate by degree
their sound discretion without regard to the rules prescribed in Article 4. Felonies committed through negligence (Art 365).
64. 1. Nature of participation of accused;
2. Stage of execution of the felony (Arts 50-57); Graduation of Fine
The penalty for homicide thru reckless imprudence with
violation of the Automobile Law is prision correccional in its 3. Privileged mitigating circumstances (Arts 68-69); By degree
medium and maximum periods with a duration from two years, ART 75. Take ¼ of the maximum amount to get the next degree
4. Presence of 2 or more mitigating with no aggravating (Art
four months, and one day to six years. Applying the ISLaw to which lower, and so on
64[5]).
appellant is entitled the imposable penalty covers
By period
a) a minimum to be taken from the penalty one degree lower Effect of special aggravating circumstance
ART 66. The ne cannot go outside the limits provided by law.
than that prescribed by law or arresto mayor in its Penalty to be imposed shall be in its MAXIMUM regardless of
maximum period to prision correccional in its minimum mitigating circumstances. a. maximum should not exceed the ne prescribed by law
period, i.e. four months and one day to two years and four 1. Advantage of public position; b. minimum should not be lower than that provided by law.
months, and
2. By an organized/syndicated crime group;
b) a maximum to be taken in turn from the penalty 6 Accessory penalties
prescribed for the o ense the duration of which is from An organized/syndicated crime group means a group of
two years, four months and one day to six years. two or more persons collaborating, confederating or

property of a third person not liable for the o ense, but those
Accessory penalties inherent in principal penalties 5. Prisión correccional,
articles which are not subject of lawful commerce shall be
1. Death, when not executed destroyed. 6. Arresto mayor,
a. Perpetual absolute DQ; and 7. Arresto menor,
b. Civil interdiction for 30Y, if not expressly remitted in

D Execution and Service of Sentence 8. Destierro,
the pardon. 9. Perpetual absolute disquali cation,
Three-fold rule
2. Reclusion perpetua and temporal 10. Temporal absolute disquali cation.
Probation Law
a. Civil interdiction for life or during sentence; and 11. Suspension from public o ce, the right to vote and be voted
b. Perpetual absolute DQ. Juvenile Justice and Welfare Act for, the right to follow a profession or calling, and
3. Prision mayor Republic Act No. 10951 12. Public censure.
a. Temporary absolute DQ; and Juridical accumulation system

Community Service Act
b. Perpetual special DQ from su rage. 1. Notwithstanding the provisions of the rule next preceding, the
4. Prisión correccional Material accumulation system maximum duration of the convict's sentence shall NOT be
When the culprit has to serve two or more penalties, he shall serve more than three-fold the length of time corresponding
a. Suspension from public o ce, profession or calling;
them simultaneously if the nature of the penalties will so permit to the most severe of the penalties imposed upon him. No
and
otherwise, the following rules shall be observed: other penalty to which he may be liable shall be in icted after
b. Perpetual special DQ from su rage, if the duration the sum total of those imposed equals the same maximum
of imprisonment exceeds 18 months. ➔ In the imposition of the penalties, the order of their respective period.
severity shall be followed so that they may be executed successively
5. Arresto — suspension of the right to hold o ce and the right 2. Such maximum period shall in no case exceed forty (40)
or as nearly as may be possible, should a pardon have been granted
of su rage during the term of sentence. years.
as to the penalty or penalties rst imposed, or should they have
Confiscation and forfeiture been served out. 3. In applying the provisions of this rule the duration of
of the proceeds or instruments of the crime. The respective severity of the penalties shall be determined in perpetual penalties (pena perpetua) shall be computed at
accordance with the following scale: thirty (30) years.
1. Every penalty imposed for the commission of a felony shall
carry with it the forfeiture of the proceeds of the crime and the 1. Death,
1 Three-fold rule
instruments or tools with which it was committed.
2. Reclusion perpetua,
2. Such proceeds and instruments or tools shall be con scated
3. Reclusion temporal, People v. Tena
and forfeited in favor of the Government, unless they be
4. Prision mayor,

This period of thirty (30) years vis-a-vis reclusion perpetua is b. upon application by said defendant within the period for c. who have previously been convicted by nal judgment of
reiterated in Article 70 of the code. Said article pertinently provides perfecting an appeal, an o ense punished by imprisonment of more than six (6)
that in applying the so called “three-fold rule” — i.e., that “when suspend the execution of the sentence and place the defendant
months and one (1) day and/or a ne of more than one
the culprit has to serve two or more penalties, the maximum thousand pesos (P1,000.00);
on probation for such period and upon such terms and
duration of the convict's sentence shall not be more than three-fold the conditions as it may deem best. d. who have been once on probation; and
length of time corresponding to the most severe of the penalties
imposed upon him” — “the duration of perpetual penalties (pena 2) No application for probation shall be entertained or granted e. who are already serving sentence at the time the substantive
perpetua) shall be computed at thirty years.” if the defendant has perfected the appeal from the judgment provisions of this Decree became applicable.
of conviction:
It was thus incorrect for the Trial Court to specify the duration of
Provided, That when a judgment of conviction imposing a Juvenile Justice and Welfare Act
thirty (30) years in relation to the penalty of reclusion perpetua 3
imposed by it on the accused in this case. non-probationable penalty is appealed or reviewed, and such Juvenile Justice Welfare Act of 2006
judgment is modi ed through the imposition of a
Thus, the imputation of a thirty-year duration to reclusion probationable penalty, the defendant shall be allowed to 1) "Child" refers to a person under the age of eighteen (18) years.
perpetua in Articles 27 and 70 only serves: apply for probation based on the modified decision
2) "Child at Risk" refers to a child who is vulnerable to and at
before such decision becomes nal. (Colinares v. People
1. as the basis for determining the convict's eligibility for the risk of committing criminal o enses because of personal,
2011 En Banc)
pardon; or family and social circumstances.
3) This notwithstanding, the accused shall lose the benefit of
2. for the application of the three-fold rule in the service of 3) "Child in Con ict with the Law" or CICL refers to a
probation should he seek a review of the modified
multiple penalties. child who is alleged as, accused of, or adjudged as, having
decision which already imposes a probationable penalty.
committed an o ense under Philippine laws.
AND NOT as basis for the duration of the penalty which is 4) Probation may be granted whether the sentence imposes a
intended to be perpetual. 4) The exemption from criminal liability herein established does
term of imprisonment or a ne only. The ling of the
not include exemption from civil liability.
application shall be deemed a waiver of the right to appeal.
Probation Law 5) The CICL shall enjoy the presumption of minority. The
2 5) An order granting or denying probation shall not be
age of a child may be determined
Probation Law, as amended by RA No 10707 appealable.
a. from the child's birth certi cate, baptismal certi cate
Application Disqualified offenders or any other pertinent documents.
1) The trial court may, a. sentenced to serve a maximum term of imprisonment of b. In the absence thereof, from the child himself/herself,
more than six (6) years; testimonies of other persons, the physical appearance
a. after it shall have convicted and sentenced a defendant
for a probationable penalty and b. convicted of any crime against the national security; of the child and other relevant evidence.

In case of doubt as to the age of the child, it shall be resolved in b. Be made to serve his/her sentence, in lieu of training facility in accordance with Section 51 of RA No. 9344.
his/her favor. con nement in a regular penal institution, in an The case shall thus be remanded to the court of origin to e ect
agricultural camp and other training facilities. appellant's con nement in an agricultural camp or other training
6) "Status O enses" refers to o enses which discriminate
facility, following the Court's pronouncement in People v. Sarcia.
only against a child, while an adult does not su er any
People v. Sarcia read together with Lababo
penalty for committing similar acts. These shall include curfew
violations; truancy, parental disobedience and the like. Sec 68 of RA 9344 allows the retroactive application of the Act
Rosal Hubilla v. People 2014 People v. Wile 2016
Any conduct not considered an o ense or not penalized if to those who have been convicted and are serving sentence at the
committed by an adult shall not be considered an o ense and time of the e ectivity of this said Act, and who were below the age If the CICL has reached eighteen (18) years of age while under
shall not be punished if committed by a child. (Section 57) of 18 years at the time of the commission of the o ense. suspended sentence, the court shall determine whether
7) Automatic Suspension of Sentence. — Once the child is Since RA 9344 does not distinguish between a minor who has been 1. to discharge the child in accordance with this Act,
found guilty of the o ense charged, the court shall determine convicted of a capital o ense and another who has been convicted of
2. to order execution of sentence, or
and ascertain any civil liability. However, instead of a lesser o ense, the Court should also not distinguish and should
pronouncing the judgment of conviction, the court shall place apply the automatic suspension of sentence to a child in 3. to extend the suspended sentence for a certain speci ed
the CICL under suspended sentence, without need of con ict with the law who has been found guilty of a heinous period or until the child reaches the maximum age of
application. crime. twenty-one (21) years.
Suspension of sentence shall still be applied even if the juvenile Nonetheless, Sec. 40 of the same law limits the said suspension A review of the provisions of RA No. 9344 reveals that
is already eighteen years (18) of age or more at the time of the of sentence until the said child reaches the maximum age of imprisonment of CICL is by no means prohibited. While Section 5
pronouncement of his/her guilt. (Section 38) 21. To date, accused-appellant is about 31 years of age. Thus, the (c) of RA No. 9344 bestows on CICL the right not to be unlawfully
application of Secs. 38 and 40 to the suspension of sentence is or arbitrarily deprived of their liberty; imprisonment as a proper
8) Probation for CICLs. — The court may, after it shall have disposition of a case is duly recognized, subject to certain
now moot and academic.
convicted and sentenced a CICL, and upon application at any restrictions on the imposition of imprisonment, namely:
time, place the child on probation in lieu of service of his/her
sentence taking into account the best interest of the child. a) the detention or imprisonment is a disposition of last
People v. Lababo 2018 resort, and
9) Other benefits of convicted CICLs
The CA correctly took into account FFF's minority, he being 17 b) the detention or imprisonment shall be for the shortest
a. Shall be credited in the services of his/her sentence
years old at the time of the commission of the crime, in reducing appropriate period of time.
with the full time spent in actual commitment and
the period of imprisonment to be served by him. Being of said age,
detention; Lastly, following Section 51 of RA No. 9344, the petitioner,
FFF is entitled to the privileged mitigating circumstance of
although he has to serve his sentence, may serve it in an
minority under Article 68(2) of the RPC.
agricultural camp or other training facilities in a manner
FFF may thus be con ned in an agricultural camp or any other consistent with the o ender child's best interest. Such service of

sentence will be in lieu of service in the regular penal The RTC and the CA sentenced the petitioner to su er the The minimum term of the indeterminate sentence should be
institution. indeterminate prison term of six (6) months and one (1) day of anywhere from six (6) years and one (1) day to eight (8) years.
prision correccional, as minimum, to ten (10) years of prision mayor, Under R.A. No. 10951 therefore, the petitioner is liable to su er
as maximum. the indeterminate penalty of imprisonment ranging from six (6)
People v. Ancajas 2015 years and one (1) day of prision mayor, as minimum, to eight (8)
Considering that the penalty prescribed by law is composed only
years and eight (8) months of prision mayor, as maximum.
Allain acted with discernment as shown by his act of covering of two periods, pursuant to Article 65, the same must be divided
AAA's mouth with a handkerchief to prevent her from shouting into three equal portions of time included in the penalty prescribed, ✔ RPC RA 10951
and conspired with appellant Vergel in raping AAA. Allain was only forming one period for each of the three portions, to wit:
17 years old when he committed the crime; he is, therefore, entitled minimum 6M 1D 6Y 1D
➔ Maximum - 6 years, 8 months, 21 days to 8 years;
to the privileged mitigating circumstance of minority under
maximum 10Y 8Y 8M
Article 68(2) of the RPC. ➔ Medium - 5 years, 5 months, 11 days to 6 years, 8 months,
20 days; and Section 100 of R.A. No. 10951 applies only insofar as it is favorable
Hence, the imposable penalty must be reduced by one degree,
i.e., from reclusion perpetua, which is reclusion temporal. Being a ➔ Minimum - 4 years, 2 months, 1 day to 5 years, 5 months, to the accused. While the imposable penalty under the RPC and
divisible penalty, the ISLaw is applicable. 10 days. R.A. No. 10951 both have their advantages, the Court nds that the
penalty imposed under the RPC should apply.
Section 38 of RA No. 9344 provides that when the child below 18 In arriving at the imposable penalty, the RTC and the CA set
years of age who committed a crime and was found guilty, the court the maximum period of indeterminate penalty to ten (10)
shall place the child in con ict with the law under suspended years. Then, applying the Indeterminate Sentence Law, the lowest
sentence even if such child has reached 18 years or more at the time term possible or six (6) months and one (1) day. Community Service Act
of judgment. 5 Guidelines in the Imposition of Community Service as
On the other hand, under Section 85 of R.A. No. 10951, the
penalty for Estafa or swindling committed through false pretenses Penalty in Lieu of Imprisonment
has been amended. Applied in this case, since the penalty prescribed 1) The court in its discretion may, in lieu of service in jail,
4 Republic Act No. 10951 by law is a penalty composed of only one period, Article 65 of the
require that the penalties of arresto menor and arresto
RPC requires the division of the time included in the penalty into
mayor be served by the defendant by
three portions, thus:
Hisoler v. De Asis 2018 a) rendering community service in the place where the
★ Maximum : 9 years, 4 months and 1 day to 10 years
crime was committed,
Insofar as the penalty, the same must be revisited in view of RA ★ Medium : 8 years, 8 months and 1 day to 9 years and 4
10951 which modi es the penalty for Swindling or Estafa. Section b) under such terms as the court shall determine,
months
100 of the same law provides that it shall have retroactive e ect only c) taking into consideration the gravity of the o ense
★ Minimum : 8 years and 1 day to 8 years and 8 months.
insofar as it is favorable to the accused. and the circumstances of the case,

judgment and are serving sentence which consist of

d) which shall be under the supervision of a probation 7) The privilege of rendering community service in lieu of service
deprivation of liberty.
o cer. in jail shall be availed of only once.
➔ The period for prescription of penalties begins only when
2) The defendant shall likewise be required to undergo
E Extinction of Criminal Liability the convict evades service of sentence by escaping during
rehabilitative counseling under the social welfare and
the term of his sentence.
development o cer of the city or municipality concerned with
Prescription
the assistance of the DSWD.
Prescription of Crime Penalty Fine
3) In requiring community service, the court shall consider the Pardon vs Amnesty
welfare of the society and the reasonable probability that the Death, RP, RT 20Y 20Y
person sentenced shall not violate the law while rendering the
Republic Act No. 10592
service. Reclusion temporal 20Y 15Y
1. By the death of the convict, as to the personal penalties and as
4) Community service shall consist of to pecuniary penalties, liability therefor is extinguished only
Other afflictive 15Y 15Y >1.2m
a) any actual physical activity when the death of the o ender occurs before nal judgment.
b) which inculcates civic consciousness, and 2. By service of the sentence; Correctional 10Y 10Y >40k – 1.2m
c) is intended towards the improvement of a public 3. By amnesty, which completely extinguishes the penalty and exc Arresto mayor 5Y 5Y
work or promotion of a public service. all its e ects;
4. By absolute pardon;
Libel 1Y
5) If the defendant violates the terms of the community service,
a) the court shall order his/her re-arrest and 5. By prescription of the crime; Light 2M 1Y ≤40k
b) the defendant shall serve the full term of the penalty, 6. By prescription of the penalty;
as the case may be,
Computation of prescription of o enses
7. By the marriage of the o ended woman. The period of prescription
i) in jail, or
ii) in the house of the defendant as provided
Prescription 1. shall commence to run from the day on which the crime
is discovered by the o ended party, the authorities, or
under Article 88. of crime
their agents, and
6) However, if the defendant has fully complied with the terms ➔ the crime itself is extinguished because of failure to le a
case. 2. shall be interrupted by the ling of the complaint or
of the community service, the court shall order the release of
information, and
the defendant unless detained for some other offense.
of penalty
3. shall commence to run again when such proceedings
➔ The prescription of penalties found in Article 93 of the terminate without the accused being convicted or
RPC, applies only to those who are convicted by final

acquitted, or are unjusti ably stopped for any reason not

ONLY AFTER Usually BEFORE People v. Crisostomo
imputable to him. Granted
conviction conviction
The classi cation of ne into a ictive, correctional or light, under
The term of prescription shall not run when the o ender is
absent from the Philippines. Applies to ALL kinds of o enses Political o enses Article 26, should be made only when a ne is imposed either as a
single or as alternative penalty; and that no such
➔ What is taken into account is the penalty imposable under Granted The President at his sole The President concurred classi cation should be made where the ne is imposed in
the law. by discretion by Congress conjunction with another penalty.
➔ The highest penalty which may be imposed for the crime
Does not erase e ect of
should be the basis, even if accused was subsequently
Effect penalty for purposes of Erases such e ect
sentenced to a lower penalty. People v. Reyes
recidivism
➔ Any possible subsidiary imprisonment, however, should NOT
The crime of falsi cation of a public document carries with it an
be considered. Partial extinction imposable penalty of prision correccional in its medium and
Computation of the prescription of penalties 1. By conditional pardon; maximum periods and a ne of not more than P5K. Being
punishable by a correctional penalty, this crime prescribes in ten
The period of prescription of penalties 2. By commutation of the sentence; and
(10) years.
1. shall commence to run from the date when the culprit 3. For good conduct allowances which the culprit may earn
Here, the public document allegedly falsi ed was a notarized deed of
should evade the service of his sentence, and while he is undergoing preventive imprisonment or serving his
sale registered on May 26, 1961 with the Register of Deeds in the
2. it shall be interrupted if sentence
name of the accused. The two informations were, however, led
a. the defendant should give himself up, only on October 18, 1984. The complainants claim that they
People v. Basalo
discovered the falsi ed notarized deed of sale in June 1983.
b. be captured,
To determine the prescriptibility of an o ense penalized with a The rule is well-established that registration in a public registry is a
c. should go to some foreign country with which this ne, whether imposed as a single or as an alternative penalty, such notice to the whole world. The record is constructive notice of its
Government has no extradition treaty, or ne should not be reduced or converted into a prison term, but contents as well as all interests, legal and equitable, included therein.
d. should commit another crime before the expiration rather it should be considered as such ne under Article 26 of the All persons are charged with knowledge of what it contains. Thus,
of the period of prescription. RPC; and that for purposes of prescription of the o ense, denned the criminal informations having been led for more than ten (10)
and penalized in Article 319, the ne imposable therein if years, the crime for which the accused was charged has prescribed.
Pardon vs Amnesty correctional or a ictive under the terms of Article 26, should be
made the basis rather than that of arresto mayor, also imposabie in
Pardon Amnesty said Article 319.
Recebido v. People
Even granting arguendo that the deed of sale was executed by the

private complainant, delivered to the petitioner-accused in August 6th - 10th year 25 days Special time allowance for loyalty
13, 1983 and registered on the same day, the ten-year prescriptive
11th year onwards 30 days A deduction of one fth (⅕) of the period of his sentence
period of the crime had not yet elapsed at the time the information
shall be granted to any prisoner who,
was led in 1991. Thus, the crime had not prescribed at the time
+15 days for each month of study, teaching
of the ling of the information. Any time 1. having evaded his preventive imprisonment or the service
or mentoring service time rendered
of his sentence under the circumstances mentioned in
➔ An appeal by the accused shall not deprive him of entitlement Article 158 of this Code,
Pangan v. Gatbalite re Prescription of Penalty to the above allowances for good conduct. 2. gives himself up to the authorities
Disqualified
Article 93 provides when the prescription of penalties shall 3. within 48 hours following the issuance of a
The following shall not be entitled to any GCTA during proclamation announcing the passing away of the
commence to run. Under said provision, it shall commence to run
preventive imprisonment: calamity or catastrophe referred to in said article.
from the date the felon evades the service of his sentence.
Pursuant to Article 157, evasion of service of sentence can be a. Recidivists;
A deduction of two- fths (⅖) of the period of his sentence shall
committed only by those who have been convicted by nal
b. An accused who has been convicted previously twice or be granted in case said prisoner chose to stay in the place of his
judgment by escaping during the term of his sentence.
more times of any crime; confinement notwithstanding the existence of a calamity or
"Escape" in legal parlance and for purposes of Articles 93 and 157 c. An accused who, upon being summoned for the execution catastrophe enumerated in Article 158 of this Code.
of the RPC means unlawful departure of prisoner from the limits of of his sentence has failed to surrender voluntarily before This Article shall apply to any prisoner whether undergoing
his custody. Clearly, one who has not been committed to prison a court of law; preventive imprisonment or serving sentence.
cannot be said to have escaped therefrom.
d. Habitual Delinquents; Who Grants Time Allowances
e. Escapees; and Whenever lawfully justi ed, the following o cials shall grant time
1 Republic Act No. 10592 f. PDL charged of Heinous Crimes. allowances:
The following shall not be entitled to any GCTA during service a. Director General of the Bureau of Corrections;
Good Conduct Time Allowance
of sentence and Time Allowance for Study, Teaching and b. Chief of the Bureau of Jail Management and Penology;
shall entitle him to the following deductions from the period of his
Mentoring (TASTM): and/or
sentence:
a. Recidivists; c. Warden of a Provincial, District, City or Municipal Jail.
During the A deduction of b. Habitual Delinquents;
How sentence served is reduced
First 2 years 20 days, for each month of good behavior c. Escapees; and 1. Conditional pardon;
d. PDL convicted of Heinous Crimes. 2. Commutation of sentence;
3rd - 5th year 23 days

3. GCTA; See Criminal Law Case Digest No. 23

2.2. An accused who has been convicted previously
4. Special conduct and workmanship allowance; twice or more times of any crime;
5. Loyalty allowance; 2.3. An accused who, upon being summoned for the
F Civil Liabilities in Criminal Cases
execution of his sentence has failed to surrender
6. Preventive imprisonment (Art 29);
voluntarily before a court of law;
Rules regarding civil liability
7. Con nement in a rehabilitation center.
2.4. Habitual Delinquents; 1. In case of insane, imbecile or minors, primary liability
2.5. Escapees; and devolves upon those with legal authority or control
Inmates of the New Bilibid Prison v. De Lima 2019 En Banc
2.6. PDL charged of Heinous Crimes. unless it appears that there was no fault or negligence on their
The prospective application of the bene cial provisions of R.A. No. part.
3. The GCTA Law and the 2019 Revised IRR have made it
10592 actually works to the disadvantage of petitioners and those Absent any person with legal authority or control, or if they be
abundantly clear that persons charged with and/or
who are similarly situated. It precludes the decrease in the penalty insolvent, the own property of the accused shall be
convicted of heinous crimes are not entitled to the bene ts
attached to their respective crimes and lengthens their prison stay; secondarily liable.
under the law.
thus, making more onerous the punishment for the crimes they
4. Heinous Crimes include crimes which are mandatorily 2. In case of avoidance of greater evil or state of necessity,
committed. Depriving them of time o to which they are justly
entitled as a practical matter results in extending their sentence and punishable by Death under the provisions of RA No. 7659. the persons for whose bene t the harm has been
increasing their punishment. Evidently, this transgresses the clear 5. The crime of Murder is one that is mandatorily punishable prevented shall be civilly liable in proportion to the bene t
mandate of Article 22 of the RPC. by death, in accordance with the Death Penalty Law. which they may have received.
6. Murder is considered a heinous crime in so far as the 3. In cases of compulsion of an irresistible force or impulse
GCTA Law is concerned, and persons charged with and/or of an uncontrollable fear,
Miguel v. Director of Bureau of Prisons 15 Sep 2021 convicted of such are disquali ed from availing of the the persons using violence or causing the fears shall be
Doctrinal Rule bene ts of the law. primarily liable and secondarily, or, if there be no such
7. Also, the penalty of reclusion perpetua requires persons, those doing the act shall be liable, saving always to the
Murder is considered a heinous crime in so far as the GCTA Law is
imprisonment of at least thirty (30) years, after which the latter that part of their property exempt from execution.
concerned, and persons charged with and/or convicted of such are
disqualified from availing of the benefits of the law. convict becomes only eligible for pardon, and not for
Who are subsidiarily liable
release.
1. Miguel is NOT entitled to the bene ts of the GCTA Law. a) Persons causing damages under the compulsion of an
8. The Writ of Habeas Corpus may not be issued and the
2. The 2019 Revised IRR of the GCTA Law disquali es the irresistible force or the impulse of an uncontrollable fear used
discharge of Miguel from imprisonment should not be
following to any credit for preventive imprisonment: or created by the person primarily liable;
authorized.
2.1. Recidivists; b) innkeepers, tavern keepers and proprietors of establishments.

made shall have a right of action against the others for

c) employers, teachers, persons, and corporations engaged in any Any person who has participated gratuitously in the proceeds of a
the amount of their respective shares.
kind of industry for felonies committed by their servants, felony shall be bound to make restitution in an amount equivalent
pupils, workmen, apprentices, or employees in the discharge of to the extent of such participation. (Art 111) Civil liability in spite of acquittal of the crime
their duties; and
Reparation 1. Acquittal is based on reasonable doubt;
d) Principals, accomplices and accessories, for the unpaid civil
of the damage caused 2. Court declares that accused’s liability is only civil in nature;
liability of their co-accused in the other classes (Art 110).
The court shall determine the amount of damage, taking into 3. Civil liability did not arise from the criminal act.
Inclusions consideration the price of the thing, whenever possible, and its
special sentimental value to the injured party, and reparation shall Acquittal bars civil liability
Restitution
be made accordingly. 1. Accused did not commit the act;
of the thing itself must be made whenever possible, with allowance
for any deterioration, or diminution of value as determined by the Indemnification 2. He was not guilty of criminal or civil negligence.
court. for consequential damages
Ozoa v. Madula
Inapplicable shall include not only those caused the injured party, but also those
su ered by his family or by a third person by reason of the crime. Before the employer's subsidiary liability is exacted, there must be
1. If the thing was purchased in good faith at a public sale (Art
adequate evidence establishing that
559 NCC); ➔ Reparation and indemni cation can be required ONLY from the
accused or his heirs. 1) he is indeed the employer of the convict;
2. The movable property was acquired by prescription by the
third person (Art 1133, ibid.); 2) that he is engaged in some kind of industry;
Civil liability if several accused
3. The thing was purchased under factors or recording laws, or 3) the crime was committed by the employee in the discharge
If there are two or more persons civilly liable for a felony, the courts
under a sale authorized by law or by the court, or in a of his duties; and
shall determine the amount for which each must respond.
merchant’s store, fairs or markets (Art 1502, ibid.);
4) execution against the employee is unsatis ed.
1. However, the principals, accomplices, and accessories,
4. It is in the possession of a holder in due course of a negotiable
each within their respective class, shall be liable
document of title (Art 1518, ibid.);
solidarily among themselves for their quotas, and
5. It is in the hands of a holder in due course of a negotiable People v. Velasco 2014
subsidiarily for those of the other persons liable.
instrument (Sec 57 NIL); and
2. The subsidiary liability shall be enforced, rst against What was the extent of Inovero’s civil liability?
6. The property is covered by a Torrens title and was purchased the property of the principals; next, against that of the The nature of the obligation of the co-conspirators in the
for value in good faith (PD 1529). accomplices, and, lastly, against that of the accessories. commission of the crime requires solidarity, and each debtor may
➔ May be demanded even from third persons. 3. Whenever the liability in solidum or the subsidiary liability be compelled to pay the entire obligation. As a co-conspirator, then,
has been enforced, the person by whom payment has been Inovero’s civil liability was similar to that of a joint tortfeasor

under the rules of the civil law. extinction of the civil liability where: accordance with Article 89. Thus, the amount of civil indemnity
which remains for accomplice Ida to pay is put at issue.
Joint tortfeasors are not liable pro rata. The damages cannot be a) the acquittal is based on reasonable doubt as only
apportioned among them, except by themselves. They cannot preponderance of evidence is required; The courts have the discretion to determine the
insist upon an apportionment, for the purpose of each paying an apportionment of the civil indemnity which the principal,
b) the court declares that the liability of the accused is only
aliquot part. They are jointly and severally liable for the whole accomplice and accessory are respectively liable for, without
civil; and
amount. Hence, Inovero’s liability towards the victims of their guidelines with respect to the basis of the allotment.
illegal recruitment was solidary, regardless of whether she actually c) the civil liability of the accused does not arise from or is not
Article 109 provides that "if there are two or more persons civilly
received the amounts paid or not, and notwithstanding that her based upon the crime of which the accused is acquitted.
liable for a felony, the courts shall determine the amount for which
co-accused, having escaped arrest until now, have remained untried. In this case, Rimando’s civil liability did not arise from any each must respond." Article 110 provides that "the principals,
purported act constituting the crime of estafa as the RTC clearly accomplices, and accessories, each within their respective class, shall
found that Rimando never employed any deceit on Sps. Aldaba to be liable severally (in solidum) among themselves for their quotas,
Gosiaco v. Ching and Casta Navarra v. People 2016 induce them to invest money in Multitel. Rather, her civil liability and subsidiarily for those of the other persons liable."
was correctly traced from being an accommodation party to
While the RPC imposes subsidiary civil liability to corporations for Each principal should shoulder a greater share in the total amount of
one of the checks she issued to Sps. Aldaba on behalf of Multitel.
criminal acts engaged in by their employees in the discharge of their indemnity and damages than every accomplice, and each accomplice
duties, said subsidiary liability applies only to felonies, and The CA is also correct in holding that Rimando’s acquittal and should also be liable for a greater amount as against every accessory.
not to crimes penalized by special laws such as B.P. Blg. 22. And subsequent exoneration in the BP 22 cases had no e ect in the estafa
nothing in B.P. Blg. 22 imposes such subsidiary liability to the case, even if both cases were founded on the same factual
corporation in whose name the check is actually issued. Clearly then, circumstances.
Book II of the Revised Penal Code and
should the check signatory be unable to pay the obligation incurred II
by the corporation, the complainant would be bereft of remedy Related Special Penal Laws
unless the right of action to collect on the liability of the corporation People v. Tampus and Montesclaros supra
is recognized and given esh. Crimes Against National Security and Laws of Nations
We deem it necessary and proper to award ABC civil indemnity of
P50K. Civil indemnity ex delicto is mandatory upon nding Crimes Against the Fundamental Laws of the State
of the fact of rape. This is distinct from moral damages awarded
Rimando v. Aldaba 2014 upon such nding without need of further proof, because it is Crimes Against Public Order
Rimando’s acquittal in the estafa case does not necessarily absolve assumed that a rape victim has actually su ered moral injuries.
Crimes Against Public Interest
her from any civil liability to private complainants, Sps. Aldaba. It is The victim in simple rape cases is entitled to an award of P50K as
well-settled that “the acquittal of the accused does not automatically civil indemnity ex delicto and another P50K as moral damages. Crimes Relative to Opium and Other Prohibited Drugs
preclude a judgment against him on the civil aspect of the case. The However, Tampus' civil indemnity ex delicto has been
extinction of the penal action does not carry with it the extinguished by reason of his death before the nal judgment, in Crimes Against Public Morals

Crimes Committed by Public O cers 114 Treason Conspiracy: In time of war, two or more persons agree and decide to
commit treason.
Crimes Against Persons Acts punished
Proposal: A person has decided to commit treason and proposes its
1) By levying war against the Government;
Crimes Against Personal Liberty and Security execution to others.
2) By adhering to the enemies, giving them aid or comfort.
Crimes Against Property 116 Misprision of Treason
Elements
1) Filipino o ender owes allegiance to the Government;
Crimes Against Chastity 1) O ender is either a Filipino or a resident alien;
2) Has knowledge of any conspiracy to commit treason;
2) There is a war where the Philippines is involved;
Crimes Against the Civil Status of Persons
3) Conceals or does not disclose the same ASAP to the
3) The o ender either:
Crimes Against Honor governor, mayor, or scal.
a) levies war against the Government; or
Criminal Negligence
117 Espionage
b) adheres to the enemy, giving them aid or comfort
Acts punished with corresponding elements
Crimes Against National Security and NOTES
1) (Any person) Enters w/o authority a warship, fort, or naval
A
Laws of Nations 1. Treachery is a breach of allegiance to a government, committed or military establishment or reservation to obtain any info,
by a person who owes allegiance to it. plans, photographs of a con dential nature relative to the
Treason defense of the PH
2. Levying war requires:
Misprision of Treason a) Enters any of the places aforementioned;
a) actual assembling of men; and
b) Unauthorized;
Espionage b) for the purpose of executing a treasonable design by force.
Mere enlistment of men is not sufficient. c) Purpose is to obtain con dential information
Inciting to war or giving motives for reprisals 3. Can't be complexed and is a continuous crime. Since treason
relative to Philippine defense.
is a political crime, the Political O ense Doctrine nds 2) (Public o cer) Disclosing to the representative of a foreign
Piracy
application. nation information obtained in the rst act, which he
Mutiny possessed by reason of his public o ce.
4. If the alien is a co-conspirator, he need not be a resident of
the Philippines. General rule: Alien o ender must be a) Public o cer;
Anti-Piracy and Anti-Highway Robbery
resident, except if co-conspirator. (Regalado)
b) possesses any of the articles by reason of his public
Anti-Terrorism Act of 2020 115 Conspiracy and Proposal to Commit Treason o ce;

Qualifying circumstances
c) Discloses contents to a representative of a foreign 1) There is a war involving PH;
nation. 1) Seizing the vessel by boarding or ring upon the same;
2) O ender owes allegiance to the Government;
118 Inciting to war or giving motives for reprisals 2) Pirates have abandoned their victims helpless;
3) O ender attempts to ee or go to the enemy country;
3) Accompanied by murder, homicide, physical injuries, or
Provocation or giving occasion for a war involving or liable to involve 4) Going to enemy country prohibited by competent authority.
rape.
the RP or expose Filipinos to reprisals.
122 Piracy Elements
1) Performs unlawful or unauthorized acts;
Acts punished 1) O ender committed Piracy;
2) Such acts provoke or give occasion for a war involving or
liable to involve the RP or expose Filipinos to reprisals. 1) Attacking or seizing a vessel on the high seas or in PH 2) Any of the qualifying circumstances is present
waters;
Considered as Terrorism under RA 9372
119 Violation of neutrality
2) Seizing in the vessel while on the high seas or in PH waters
➔ when it results to a condition of widespread and
Violation of a regulation for neutrality the whole or part of its cargo, its equipment or personal
extraordinary fear and panic, in order to coerce the
belongings of its complement or passengers.
1) There is a war wherein PH is not involved; government to give in to an unlawful demand.
Elements
2) Competent authority has issued regulation of neutrality;
3) O ender violates such regulation.
1) A vessel is on the high seas or PH waters; Anti-Piracy and Anti-Highway Robbery
1
2) O enders are strangers to the vessel; PD 532
120 Correspondence with hostile country
3) O enders commit any of the acts punishable.
1) There is a war involving PH; a De nition of Terms
Mutiny
2) O ender makes correspondence with the enemy; 1. Piracy is robbery or forcible depredation on the high seas, without
3) Correspondence is either: Acts punished lawful authority and done with animo furandi and in the spirit
1) Unlawful resistance to a superior o cer; and intention of universal hostility. Intent to gain is essential in
a) prohibited by Government; or
piracy.
b) carried on in signs or ciphers; or 2) Raising of commotions on board against the authority of its
commander. Any attack upon or seizure of any vessel, or the taking away of the
c) might be useful to the enemy. whole or part thereof or its cargo, equipment, or the personal
Element
belongings of its complement or passengers, irrespective of the
121 Flight to enemy's country
1) O enders are members of the crew or are passengers. value thereof, by means of violence against or intimidation of
Filipino or a resident alien persons or force upon things, committed by any person, including
123 Quali ed Piracy
a passenger or member of the complement of said vessel, in

Philippine waters.
7. PD 532 or the Anti-Piracy and Highway Robbery Law 11479 UNCONSTITUTIONAL:
2. Mutiny is the unlawful resistance to a superior o cer, or the punishes
1) The phrase in the proviso of Section 4 which states "which
raising of commotions and disturbances on board a ship against
a. an attack upon or seizure of any vessel, or are not intended to cause death or serious physical
the authority of its commander. Intent to gain is not essential
harm to a person, to endanger a person's life, or to
in mutiny. Ignoring authority is su cient, and may be b. the taking away of the whole or part thereof or its cargo,
create serious risk to public safety;"
prompted by a desire to commit plunder. equipment, or
2) The second mode of designation found in paragraph 2 of
3. Philippine Waters shall refer to c. the personal belongings of the complement or passengers,
Section 25; and
irrespective of the value thereof, by means of violence against
a. all bodies of water, such as but not limited to, seas, gulfs, bays
or intimidation of persons or force upon things. 3) As a necessary consequence, the corresponding
around, between and connecting each of the Islands of the
reference/provisions in the IRR of RA No. 11479 relative
Philippine Archipelago, irrespective of its depth, breadth, 8. Any person who
to the foregoing items.
length or dimension, and a. knowingly and in any manner aids or protects pirates or
b. all other waters belonging to the Philippines by historic or highway robbers/brigands, such as
a Punishable Acts of Terrorism
legal title, including territorial sea, the sea-bed, the insular i. giving them information about the movement of police or
shelves, and other submarine areas over which the Philippines other peace o cers of the government, or 1) Terrorism. — committed by any person who, within or
has sovereignty or jurisdiction. outside the Philippines, regardless of the stage of execution:
ii. acquires or receives property taken by such pirates or
4. Vessel. — Any vessel or watercraft used for transport of passengers brigands or in any manner derives any bene t therefrom; a) Engages in acts intended to cause death or serious bodily
and cargo from one place to another through Philippine Waters. It or injury to any person, or endangers a person's life;
shall include all kinds and types of vessels or boats used in shing. b) Engages in acts intended to cause extensive damage or
b. directly or indirectly abets the commission of piracy or
5. Philippine Highway shall refer to any road, street, passage, highway robbery or brigandage, destruction to a government or public facility, public place
highway and bridges or other parts thereof, or railway or railroad or private property;
shall be considered as an accomplice of the principal o enders and
within the Philippines used by persons, or vehicles, or locomotives c) Engages in acts intended to cause extensive interference
be punished in accordance with the Rules prescribed by the RPC.
or trains for the movement or circulation of persons or with, damage or destruction to critical infrastructure;
transportation of goods, articles, or property or both.
Anti-Terrorism Act of 2020 d) Develops, manufactures, possesses, acquires, transports,
6. Highway Robbery/Brigandage. The seizure of any person for 2
RA 11479 supplies or uses weapons, explosives or of biological,
ransom, extortion or other unlawful purposes, or the taking away nuclear, radiological or chemical weapons; and
of the property of another by means of violence against or
intimidation of person or force upon things of other unlawful e) Release of dangerous substances, or causing re, oods or
Calleja v. Executive Secretary 2021 En Banc explosions.
means, committed by any person on any Philippine Highway.
The Court declares the following provisions of Republic Act No. When the purpose of such act, by its nature and context, is to
b Punishable Acts

a) intimidate the general public or a segment thereof, 6) Inciting to Commit Terrorism. — Any person who d) Performing any other act with intention of facilitating or
without taking any direct part in the commission of terrorism, promoting the recruitment of persons to serve in any
b) create an atmosphere or spread a message of fear,
shall include others to the execution of any of the acts speci ed capacity in or with such armed force.
c) provoke or in uence by intimidation the government or above by means of speeches, proclamations, writings,
Any person who shall voluntarily and knowingly join any
any international organization, or emblems, banners or other representations tending to the same
organization, association or group of persons knowing that
d) seriously destabilize or destroy the fundamental political, end.
such organization, association or group of persons is
economic, or social structures of the country, or 7) Recruitment to and Membership in a Terrorist proscribed, or designated by the UNSC as a terrorist
e) create a public emergency or seriously undermine public Organization. — Any person who shall recruit another to organization, or organized for the purpose of engaging in
safety, participate in, join, commit or support terrorism or a terrorist terrorism.
individual or any terrorist organization, association or group of
shall be guilty of committing terrorism and shall su er the 8) Foreign Terrorist. — The following acts are unlawful:
persons.
penalty of life imprisonment without the bene t of parole a) For any person to travel or attempt to travel to a state
and the bene ts of RA No. 10592 Any person who organizes or facilitates the travel of
other than his/her state of residence or nationality for the
individuals to a state other than their state of residence or
Terrorism shall NOT include advocacy, protest, dissent, purpose of perpetrating, planning, or preparing for, or
nationality for the purpose of recruitment which may be
stoppage of work, industrial or mass action, and other similar participating in terrorism, or providing or receiving
committed through any of the following means:
exercises of civil and political rights terrorist training;
a) Recruiting another person to serve in any capacity in or
2) Threat to Commit Terrorism. — Any person who shall b) For any person to organize or facilitate the travel of
with an armed force in a foreign state, whether the armed
threaten to commit any of the acts above. individuals who travel to a state other than their states of
force forms part of the armed forces of the government of
residence or nationality knowing that such travel is for the
3) Planning, Training, Preparing, and facilitating the that foreign state or otherwise;
purpose of perpetrating, planning, training, or preparing
Commission of Terrorism. —
b) Publishing an advertisement or propaganda for the for, or participating in terrorism or providing or receiving
a) possessing objects connected with the preparation for the purpose of recruiting persons to serve in any capacity in or terrorist training; or
commission of terrorism, or with such armed force;
c) For any person residing abroad who comes to the
b) collecting or making documents connected with the c) Publishing an advertisement or propaganda containing Philippines to participate in perpetrating, planning,
preparation of terrorism. any information relating to the place at which or the training, or preparing for, or participating in terrorism or
4) Conspiracy to Commit Terrorism. — There is conspiracy manner in which persons may make applications to serve provide support for or facilitate or receive terrorist
when two (2) or more persons come to an agreement or obtain information relating to service in any capacity in training here or abroad.
concerning the commission of terrorism and decide to commit or with such armed force or relating to the manner in
9) Providing Material Support to Terrorists. — Any person
the same. which persons may travel to a foreign state for the purpose
who
of serving in any capacity in or with such armed force; or
5) Proposal to Commit Terrorism.

a) provides material support to any terrorist individual or b) by concealing or destroying the body of the crime, or b) doctors and patients,
terrorist organization, association or group of persons the e ects, or instruments thereof, in order to prevent
c) journalists and their sources and con dential business
committing any of the acts punishable, its discovery; or
correspondence
b) knowing that such individual or organization, association, c) by harboring, concealing, or assisting in the escape of
shall not be authorized.
or group of persons is committing or planning to commit the principal or conspirator of the crime.
such acts,
No person, regardless of relationship or a nity, shall be d Detention Without Judicial Warrant
shall be liable as principal to any and all terrorist activities exempt from liability under this section.
1) Any law enforcement agent or military personnel, who, having
committed by said individuals or organizations, in addition to
been duly authorized in writing by the ATC has taken custody
other criminal liabilities he/she or they may have incurred in Surveillance of Suspects and Interception and
c of a person suspected of committing any of the acts de ned
relation thereto. Recording of Communications
and penalized under Sections 4-12 of this Act, shall, without
1) A law enforcement agent or military personnel may, upon a incurring any criminal liability for delay in the delivery of
b Who are Liable
written order of the Court of Appeals secretly wiretap, detained persons to the proper judicial authorities, deliver said
1) Terrorist Individual shall refer to any natural person who overhear and listen to, intercept, screen, read, survey, record or suspected person to the proper judicial authority within a
commits any of the acts de ned and penalized above; collect, with the use of any mode, form, kind or type of period of fourteen (14) calendar days counted from the
electronic, mechanical or other equipment or device or moment the said suspected person has been apprehended or
2) Terrorist Organization, Association or Group of Persons
technology now known or may hereafter be known to science arrested, detained, and taken into custody by the law
shall refer to any entity
or with the use of any other suitable ways and means for the enforcement agent or military personnel.
a) proscribed under Section 26, or above purposes, any private communications, conversation,
2) The period of detention may be extended to a maximum
b) designated by the United Nations Security Council as discussion/s, data, information, messages in whatever form,
period of (10) calendar days if it is established that
a terrorist organization, or kind or nature, spoken or written words
a) between members of a judicially declared and a) further detention of the person/s is necessary
c) organized for the purpose of engaging in terrorism.
outlawed terrorist organization; i) to preserve evidence related to terrorism
3) Accessory. — Any person who having knowledge of the or complete the investigation;
commission of any of the crimes de ned and penalized b) between members of a designated person as de ned in
without having participated therein, takes part subsequent to Section 3(e) of RA No. 10168; or ii) to prevent the commission of another
its commission in any of the following manner: c) any person charged with or suspected of committing terrorism; and
a) by pro ting himself/herself or assisting the o ender any of the crimes de ned and penalized herein. b) the investigation is being conducted properly and
to pro t by the e ects of the crime; 2) However, surveillance, interception and recording of without delay.
communications between 3) Immediately after taking custody, the law enforcement agent
a) lawyers and clients, or military personnel shall notify in writing the judge of the

court nearest the place of apprehension or arrest of the

Violation of domicile 1. Variations:
following facts:
a) the time, date, and manner of arrest; Search warrants maliciously obtained a. Arbitrary detention - No ground, intent is just to detain
without intent to deliver to judicial authorities.
b) the location or locations of the detained suspect/s and Searching domicile without witnesses
b. Unlawful arrest (Art 269) - Detention of no legal ground,
c) the physical and mental condition of the detained purpose to deliver to judicial authorities
Prohibition, interruption, and dissolution of peaceful
suspect/s.
meetings c. Delay of delivery (Art 125) - there is legal ground, but
No Torture or Coercion in Investigation and unduly delays delivery.
e Interruption of religious worship
Interrogation d. Coercion (Art 286) - no intention to detain but victim was
restricted of freedom of movement
1) The use of torture and other cruel, inhumane and O ending the religious feelings
degrading treatment or punishment, as de ned in Sections e. Abduction (Art 342) - victim is a woman detained with
4 and 5 of the "Anti-Torture Act of 2009," at any time during Anti-Torture Act of 2009 lewd designs
the investigation or interrogation of a detained suspected 2. Juridical existence of a crime committed by the victim is not
terrorist is absolutely prohibited and shall be penalized. essential. What is determinative is the good faith and the purpose
1. These are crimes that violate the Bill of Rights under the
2) Any evidence obtained from said detained person resulting Constitution. of the public o cer under the circumstances of the case as they
from such treatment shall be, in its entirety, inadmissible appeared to him. If it turns out the person detained was
2. O enders are generally public o cers (exc Art 133 on innocent, the o cer acted under a mistake of fact. (Regalado)
and cannot be used as evidence in any judicial, quasi-judicial,
O ending Religious Feelings) who must act in the exercise of
legislative, or administrative investigation, inquiry, proceeding,
public functions. 125 Delay in delivery to judicial authorities
or hearing.
3. Private persons may be held liable as co-conspirator, or be an Failure to deliver a detained person to the proper judicial authorities
Crimes Against the Fundamental Laws accomplice or accessory thereto. for a speci c period of time.
B
of the State 1) O ender is a public o cer or employee;
124 Arbitrary Detention
Arbitrary Detention 2) Person detained for some legal ground;
1) O ender is a public o cer or employee;
3) There is no warrant of arrest.
Delay in delivery to judicial authorities 2) Detains a person;
4) Fails to deliver such person to proper judicial authorities
Delaying release 3) Detention is without legal grounds.
within:
Expulsion NOTES a) 12 hours for light;

b) 18 hours for correctional; 1) Entering a dwelling against owner's will; 4) No witness present.
c) 36 hours for a ictive or capital o enses. 2) Searching without owner's previous consent; Prohibition, interruption, and dissolution of
131
126 Delaying release 3) Refusing to leave when so required. peaceful meetings
Elements
Delaying: 1) Prohibiting or interrupting the holding of a peaceful
1) O ender is a public o cer or employee; meeting without legal ground, or dissolving same;
1) Performance of a judicial or executive order of release;
2) No judicial order. 2) Hindering any person from joining lawful associations or
2) Service of notice; or from attending their meetings;
3) Proceedings upon any petition for release. Search warrants maliciously obtained
129 3) Prohibiting or hindering any person or group from
and abuse in the service of those legally obtained
Elements petitioning for redress of grievances.
1) O ender is a public o cer or employee; 132 Interruption of religious worship
1) Procuring search warrant without just cause;
2) There is a judicial or executive order of release, or a
1) Public o cer or employee;
proceeding upon a petition of release; a) O ender is a public o cer or employee;
2) Religious ceremonies or manifestation of religion are about
3) O ender baselessly delays. b) Procures a search warrant;
to take place or are ongoing;
127 Expulsion c) No just cause.
3) Prevents or disturbs the same.
2) Excess in executing search warrant;
Acts punished 133 O ending the religious feelings
a) O ender is a public o cer or employee;
1) Expels a person from PH;
b) Search warrant legally procured; Performs acts notoriously o ensive to the feelings of the faithful.
2) Compels him to change residence
c) Exceeds authority, or unnecessary severity. 1) Acts performed in
Elements
a) a place devoted to religious worship; OR
130 Searching domicile without witnesses
b) during religious ceremony;
2) Does either acts punished; Conduct of judicially authorized search without witnesses present
2) Acts are notoriously o ensive to the feelings of the faithful.
3) Not authorized by law. 1) O ender is a public o cer or employee
128 Violation of domicile 2) Valid search warrant; Soria v. Desierto

3) Searches the domicile; Was there a delay in the delivery of detained person to the proper
Acts punished

judicial authorities under the circumstances? The answer is in the reviewing prosecutor of the DOJ. The waiver of Article 125 c. intimidating or coercing him/her or a third person; or
negative. The complaints against him were seasonably led in the must coincide with the prescribed period for preliminary
d. for any reason based on discrimination of any kind,
court of justice within the thirty-six (36)-hour period prescribed by investigation as mandated by Section 7, Rule 112 of the Rules of
law. The duty of the detaining o cers is deemed complied Court. Detention beyond this period violates the accused's 4. when such pain or su ering is in icted by or at the instigation
with upon the ling of the complaints. Further action, like constitutional right to liberty. of or with the consent or acquiescence of a person in
issuance of a Release Order, then rests upon the judicial authority. authority or agent of a person in authority.
Accordingly, the Court rules that a detainee under such
circumstances must be promptly released to avoid violation of It does not include pain or su ering arising only from, inherent in or
the constitutional right to liberty, despite a waiver of Article incidental to lawful sanctions.
Medina v. Orozco
125, if the 15-day period (or the thirty 30-day period in cases of
November 7 was a Sunday; November 8 was declared an o cial violation of R.A. No. 9165) for the conduct of the preliminary a Acts of Torture
holiday; and November 9 (election day) was also an o cial holiday. investigation lapses. This rule also applies in cases where the
Torture shall include, but not be limited to, the following:
These are considerations su cient enough to deter us from investigating prosecutor resolves to dismiss the case, even if such
declaring that Arthur Medina was arbitrarily detained. For, he was dismissal was appealed to the DOJ or made the subject of a motion a) Physical torture is a form of treatment or punishment
brought to court on the very rst o ce day following arrest. for reconsideration, reinvestigation or automatic review. in icted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of one or more
Sayo v. Chief of Police of Manila Anti-Torture Act of 2009 parts of the body; and
1
RA 9745 b) "Mental/Psychological Torture" refers to acts committed
For the purpose of determining the criminal liability of an o cer
detaining a person for more than six hours prescribed by the by a person in authority or agent of a person in authority
Revised Penal Code, the means of communication as well as the
Elements of torture which are calculated to a ect or confuse the mind and/or
hour of arrest and other circumstances, such as the time of "Torture" refers to an act by which undermine a person's dignity and morale.
surrender and the material possibility for the scal to make the 1. severe pain or su ering, whether physical or mental, Other cruel, inhuman and degrading
investigation and le in time the necessary information, must be treatment or punishment
taken into consideration. 2. is intentionally in icted on a person
Refers to a deliberate and aggravated treatment or punishment not
3. for such purposes as enumerated as acts of torture, in icted by a person in authority or
a. obtaining from him/her or a third person agent of a person in authority against a person under his/her
IBP v. DOJ 2017 En Banc
information or a confession; custody, which attains a level of severity causing su ering, gross
The waiver of Article 125 of the RPC does not vest upon the DOJ, humiliation or debasement to the latter.
b. punishing him/her for an act he/she or a third person
PPO, BJMP, and PNP the unbridled right to inde nitely incarcerate
has committed or is suspected of having committed;
an arrested person and subject him to the whims and caprices of the
or

shall be held liable as a principal for any act or omission, or

As a Separate and Independent Crime Sedition
negligence committed by him/her that shall have led, assisted,
Torture as a crime shall not absorb or shall not be absorbed abetted or allowed, whether directly or indirectly, the Inciting to sedition
by any other crime or felony committed as a consequence, or as a commission thereof by his/her subordinates.
means in the conduct or commission thereof. Illegal assemblies
4. If he/she has knowledge of or should have known that acts
Exclusion from the Coverage of Special Amnesty Law of torture is being or has been committed by his/her Illegal associations
In order not to depreciate the crime of torture, persons who have subordinates and, despite such knowledge, did not take
committed any act of torture shall not bene t from any special preventive or corrective action shall also be liable as Direct assaults
amnesty law or similar measures that will have the e ect of principals.
exempting them from any criminal proceedings and sanctions.
Indirect assaults
5. Any public o cer or employee shall be liable as an
Non-prescription of torture accessory if he/she has knowledge that torture is being Tumults and other disturbances of public order
committed and without having participated therein, either as
The statute of limitation or prescription period shall NOT apply
principal or accomplice, takes part subsequent to its Unlawful use of means of publication and unlawful
to torture cases. (Sec 45 of IRR)
commission in any of the following manner: utterances
Non-derogability of torture
a. By themselves pro ting from or assisting the
Torture is non-derogable and can never be justi ed by any state of Alarms and scandals
o ender to pro t from the e ects of the act of
emergency. torture; Delivering prisoners from jails
b. By concealing the act of torture and/or destroying
b Who Are Criminally Liable Comprehensive Firearms and Ammunition Regulation
the e ects or instruments thereof in order to prevent
1. Any person who actually participated or induced another in its discovery; or Act
the commission of torture or who cooperated in the execution c. By harboring, concealing or assisting in the escape of
of the act of torture by previous or simultaneous acts shall be the principal/s in the act of torture: Provided, That 134 Rebellion or insurrection
liable as principal. the accessory acts are done with the abuse of the
o cial's public functions. Public uprising and taking arms against the government
2. Any superior military, police or law enforcement o cer
or senior government o cial who issued an order to any 1) There be a
lower ranking personnel to commit torture for whatever C Crimes Against Public Order a) public uprising, and
purpose shall be held equally liable as principals.
Rebellion or insurrection b) taking arms against the Government.
3. The immediate commanding o cer of the unit
concerned of the AFP or the immediate senior public 2) Purpose is either:
Coup d'etat
o cial of the PNP and other law enforcement agencies

a) to remove from the allegiance thereto or its laws: political motive for the killing of SPO3 Jesus Lucilo, we are satis ed us to rule that the theory of absorption in rebellion cases must
that the trial court correctly convicted appellant of the crime of not con ne itself to common crimes but also to o enses under
i) PH territory or any part thereof; or murder. special laws which are perpetrated in furtherance of the
ii) any body of land, naval or other armed political o ense.
forces; or Intent or motive is a decisive factor. If Senator Ponce Enrile is not
Prosecutor of Zamboanga v. CA
b) to deprive the Chief Executive or Congress, wholly charged with rebellion and he harbored or concealed Colonel
or partially, of any of their powers or prerogatives. The political motivation for the crime must be shown in order to Honasan simply because the latter is a friend and former associate,
justify nding the crime committed to be rebellion. Otherwise, as in the motive for the act is completely di erent. But if the act is
NOTES People v. Ompad, although it was shown that the accused was an committed with political or social motives, that is in furtherance of
NPA commander, he was nonetheless convicted of murder for the rebellion, then it should be deemed to form part of the crime of
1. Rebellion is to overthrow and supersede the existing
killing of a person suspected of being a government informer. rebellion instead of being punished separately.
Government.
2. Insurrection merely seeks to e ect some change of minor
importance, or to prevent the exercise of governmental Beltran, et al v. Gonzalez Ocampo v. Abando, et al 2014 En Banc
authority with respect to particular matters or subjects.
Petitioners are party-list representatives charged with Rebellion. The political o ense doctrine is not a ground to dismiss the charge
3. Considered as Terrorism under RA 9372 when it results to a against petitioners prior to a determination by the trial court that
The allegations in the a davits are far from the proof needed to
condition of widespread and extraordinary fear and panic, in the murders were committed in furtherance of rebellion.
indict Beltran for taking part in an armed public uprising against
order to coerce the government to give in to an unlawful
the government. What these documents prove, at best, is that Under the political o ense doctrine, “common crimes,
demand.
Beltran was in Bucal, Padre Garcia, Batangas on 20 February 2006 perpetrated in furtherance of a political o ense, are divested of their
and that 14 years earlier, he was present during the 1992 CPP character as “common” o enses and assume the political
People v. Lovedioro Plenum. None of the a davits stated that Beltran committed complexion of the main crime of which they are mere ingredients,
speci c acts of promoting, maintaining, or heading a rebellion as and, consequently, cannot be punished separately from the principal
The gravamen of the crime of rebellion is an armed public
found in the DOJ Resolution of 27 February 2006. None of the o ense, or complexed with the same, to justify the imposition of a
uprising against the government. Political motive should be
a davits alleged that Beltran is a leader of a rebellion. Beltran's graver penalty.”
established before a person charged with a common crime —
alleged presence during the 1992 CPP Plenum does not
alleging rebellion in order to lessen the possible imposable penalty The burden of demonstrating political motivation must be
automatically make him a leader of a rebellion.
— could bene t from the law's relatively benign attitude towards discharged by the defense, since motive is a state of mind which
political crimes. In cases of rebellion, motive relates to the act, and only the accused knows. If it is shown that the proper charge against
mere membership in an organization dedicated to the Enrile v. Amin petitioners should have been simple rebellion, the trial court shall
furtherance of rebellion would not, by and of itself, su ce. dismiss the murder charges upon the ling of the Information for
The attendant circumstances in the instant case, however constrain simple rebellion, as long as petitioners would not be placed in
In the absence of clear and satisfactory evidence pointing to a

double jeopardy. emblems, banners, etc.

e) Despoil, for any political or social end, the
1) Does not take arms or is not in open hostility against the Government, national or local of all or any part of
134-A Coup d'etat Government; its property.
1) O ender belongs to the military or police or holding public 2) Incites others to rebel;
NOTES
o ce or employment; 3) Inciting done by means of speeches, and others tending to
1. Sedition is the raising of commotions or disturbances in the
2) Swift attack with violence, intimidation, threat, strategy the same end.
State.
or stealth; 139 Sedition 2. Art 153 de nes tumultuous as an act if committed by more
3) Attack is directed against duly constituted authorities of than three (3) persons who are armed or provided with means of
RP, or any military camp or installation, communication Public and tumultuous uprising employing force, intimidation, or
violence.
networks, public facilities or others needed for the exercise other means outside of legal methods.
and continued possession of power. 3. Act 3 must have been motivated only by the fact that the victim
1) O enders rise
is a public o cer, otherwise it would be a case of malicious
4) Purpose is to seize or diminish state power. a) publicly, and mischief or any other ordinary crime. (Regalado)
Conspiracy and proposal to commit coup, rebellion or b) tumultuously;
136 141 Conspiracy to commit sedition
insurrection 2) Employ force, intimidation, and illegal means;
142 Inciting to sedition
1) Conspiracy to commit rebellion; 3) Purpose is either to:
2) Proposal to commit rebellion. a) Prevent the promulgation or execution of any law Acts punished
or the conduct of elections; 1) Inciting others to sedition through speeches, proclamations,
137 Disloyalty of public o cers or employees
b) Prevent the Government, national or local, or any writing, emblems, etc.
1) O ender is a public o cer; public o cer from freely exercising its or his 2) Uttering seditious words or speeches that tend to disturb
functions, or prevent the execution of an the public peace;
2) Fails to resist a rebellion;
administrative order;
3) Continues to discharge o cial duties under the control of 3) Writing, publishing, or circulating scurrilous libels against
c) In ict hate or revenge upon the person or property the Government or any of its duly constituted authorities,
the rebels;
of any public o cer or employee; which tend to disturb the public peace.
4) Accepts appointment under them.
d) Commit any act of hate or revenge against private 4) Knowingly concealing such evil practices.
138 Inciting to rebellion persons or social classes, for any political or social
Elements
end;
Inciting to rebel through speeches, proclamations, writings, 1) O ender does not take direct part in the crime of sedition;

Founders, directors, presidents, forming or organizing, and members

2) Incites other to accomplish any of the acts constituting b) expressing his opinions; or
in an association totally or partially organized for:
sedition;
c) casting his vote.
1) the purpose of committing a crime; or
3) Inciting is done through speeches, proclamations, writings,
Committed by a public officer
emblems, cartoons, banners, etc. 2) some purpose contrary to public morals
Acts tending to prevent the meeting of Congress and Elements
143 2) Arrests or searches a member of Congress;
similar bodies 1) An association is formed or organized;
3) Congress is in session;
1) There be a projected or actual meeting of Congress, its 2) The purpose of which is to commit a crime or contrary to
4) Member arrested has not committed a crime punishable by public morals.
comm., subcomm., constitutional comm. or divisions
a penalty higher than PM under the Code.
thereof, or any LG council;
NOTES
2) Such is prevented by force or fraud. 146 Illegal assemblies
1. If the assembly was called for the purpose of committing a crime
Disturbance of proceedings of congress or similar Acts punished with corresponding elements other than TRISA, there must be armed persons in
144
bodies 1) Any meeting attended by armed persons for the purpose of attendance therein; otherwise, the o ense will be public
committing a crime under the RPC disorder (Art 153) or unlawful utterances (Art 154[2]).
1) There be a projected or actual meeting of Congress, its
(Regalado)
comm., subcomm., constitutional comm. or divisions a) There is a meeting, either in a xed place or
thereof, or any LG council; moving; 148 Direct assaults
2) O ender either: b) Attended by armed persons;
Without public uprising:
a) disturbs such meeting; or c) Purpose is to commit a crime under the RPC;
1) by employing force or intimidation, for the attainment of
b) behaves in such an interruptive manner, or to 2) Any meeting in which the audience is incited to commit any of the purpose of rebellion or sedition;
impair the respect due it. TRISA.
a) O ender employs force or intimidation;
145 Violation of parliamentary immunity a) There is a meeting;
b) Aim is the same as rebellion or sedition;
b) The audience, whether armed or not, is incited to
Committed by any person c) No public uprising.
commit TRISA.
1) O ender uses force, intimidation, threats, or fraud; 2) by attacking, employing force, or by seriously intimidating
NB: Treason, Rebellion or Insurrection, Sedition, or Assault upon a
or seriously resisting any person in authority or any of his
2) Purpose is to prevent a member of Congress from person in authority or his agents (TRISA).
agents, while engaged in the performance of o cial duties,
a) attending any of its meetings; or on the occasion of such performance.
147 Illegal associations

a) O ender c. by appointment of competent authority, 1) Without legal excuse, to obey summons of Congress or any
part thereof, or the Constitutional Commissions, or any
i) attacks, is charged with the maintenance of public order and the
part thereof;
protection and security of life and property.
ii) employs force,
2) To be sworn or placed under a rmation;
4. Knowledge of the accused that o ended party is a person in
iii) makes a serious intimidation, OR
authority or his agent, essential and must be alleged in the 3) To answer any legal inquiry or to produce any documents in
iv) serious resistance; information. his possession, when so required; or
b) Person assaulted is a person in authority or his 4) Restraining another from attending as a witness;
149 Indirect assaults
agent;
5) Inducing disobedience to a summons or refusal to be
c) O ended party Using force or intimidation upon any person aiding a person in sworn.
authority or his agent under direct assault.
i) is performing o cial duties, OR Elements
1) A person in authority or his agent is a victim of Direct
ii) that he is assaulted, by reason of the past 1) A person has been duly summoned by Congress or the
Assault;
performance of o cial duties; Constitutional Commissions;
2) A person comes to the aid of the o ended party;
d) O ender knows the o ended party as a person in 2) Commits any of the acts punishable.
authority or his agent. 3) O ender makes use of force or intimidation upon him.
151 Resistance and serious disobedience
e) No public uprising.
NOTES
1) A person in authority or his agent is engaged in the
NOTES 1. Important points from Regalado: performance of o cial duty or gives a lawful order to the
1. If the o ended party is a mere agent, force employed must be a) Victim of DA is PIA, attack against person coming to his o ender;
of a serious character as to indicate determination to defy the aid will be Direct Assault, Resistance or disobedience 2) Resists or seriously disobeys;
law and its representative at all hazards. Otherwise, o ense is depending on the degree of force or violence against him.
3) Act of the o ender not included in Arts 148, 149, 150.
simple resistance or disobedience under Art 151. b) Victim of DA is Agent, attack against person coming to his
2. Force employed need not be serious when o ended party is a aid will be Indirect Assault; resistance or disobedience will 151 Simple disobedience
person in authority. only be physical injuries or coercion depending on the act
1) An agent of a person in authority is engaged in the
against him.
3. Agent of a person in authority is one who, performance of o cial duty or gives a lawful order to the
a. by direct provision of law or 150 Disobedience to summons issued by Congress o ender;
b. by election or Refusing: 2) O ender disobeys;

3) Disobedience not serious.

153 Tumults and other disturbances of public order books, pamphlets, periodicals, or lea ets which do not bear
a) Briber - Art 156 + Art 212, corruption of a public o cer;
the real printer's name, or which are classi ed as
1) Causing any serious disturbance in a public place, o ce, anonymous. b) Jailer, if public o cer - Art 223, in delity in the custody of
establishment; prisoners + Art 210, bribery;
155 Alarms and scandals
2) Interrupting or disturbing performances, functions, if private person - Art 225, next lower that Art 223 + Art
gatherings, peaceful meetings, if the act is not included in 1) Discharging any rearm, rocket, recracker, or other 210;
Arts 131 and 132; explosive, within any town or public place, calculated to c) Prisoner, if convict - Not liable in Art 156, but in Art 157;
3) Making an outcry tending to incite rebellion or sedition in cause (which produces) alarm or danger;
if detention - no liability, but if convicted, shall not avail of
any gathering; 2) Instigating or taking an active par in any charivari or other ISLAW.
4) Displaying placards or emblems which provoke disturbance; disorderly meeting o ensive to another or prejudicial to
public tranquility; 157 Evasion of service of sentence
5) Burying with pomp the body of a legally executed person.
3) Disturbing the public peace while wandering about at night Escape of a prisoner by nal judgment from jail.
Qualified: If the disturbance or interruption is tumultuous.
or while engaged in any other nocturnal amusements;
1) O ender is a convict by nal judgment;
➔ May commit a separate crime, i.e. serious physical injuries.
4) Causing any disturbance or scandal in public places while
2) He is serving sentence consisting of deprivation of liberty;
➔ May also be complexed, i.e. assault and tumultuous intoxicated or otherwise, provided Art 153 is not applicable.
disturbance. 3) He escapes.
156 Delivering prisoners from jails
Unlawful use of means of publication 159 Violation of conditional pardon
154 Acts punished
and unlawful utterances
Conditionally pardoned convict violates any of the conditions set
1) Removal of a person from jail; forth in the pardon.
1) Publishing or causing to be published as news any false
news which may endanger the public order, or cause 2) Assists in the escape of a prisoner. 1) O ender was a convict;
damage to the interest or credit of the State. Elements 2) Granted conditional pardon by Chief Executive;
2) Encouraging disobedience to the law or to the constituted 1) There is a person con ned in a jail; 3) Violated any of the conditions of the pardon.
authorities or by praising, justifying or extolling any act
2) O ender removes therefrom such person, or helps him
punished by law;
escape. NOTES RE EVASION
3) Maliciously publishing or causing to be published any
1. Art 157, Quali ed:
o cial resolution or document without proper authority, NOTES
or before they have been o cially published. 1) means of unlawful entry;
1. Separate and distinct from Bribery:
4) Printing, publishing or distributing (or causing the same) 2) breaking doors, windows, gates, walls, roofs, or oors;

3) using picklocks, false keys, disguise, deceit, violence or "Escape" in legal parlance and for purposes of Articles 93 and 157 of Kinds of rearms
intimidation; or the RPC means unlawful departure of prisoner from the limits of
Loose rearm refers to
his custody. Clearly, one who has not been committed to prison
4) connivance with other convicts or employees of the penal cannot be said to have escaped therefrom. 1. an unregistered rearm,
institution.
2. an obliterated or altered rearm,
160 Quasi-recidivism 3. rearm which has been lost or stolen,
Comprehensive Firearms and Ammunition
Convict by nal judgment commits a new felony punishable by the 1 Regulation Act 4. illegally manufactured rearms,
RPC before beginning to serve or while serving a sentence. RA 10591 5. registered rearms in the possession of an individual other
1) O ender is a convict by nal judgment; than the licensee and
2) Committed a new felony before beginning to serve such 6. those with revoked licenses in accordance with the rules and
sentence, or while serving the same. Acosta v. Ochoa 2019 En Banc regulations.
There is no constitutional right to bear arms. Neither is the Firearms with expired registration or one in the possession of a person
Gelig v. People 2010 ownership or possession of a rearm a property right. Persons with expired license is NOT covered in the de nition.
intending to use a rearm can only either accept or decline the
RTC convicted Lydia Gelig for committing the complex crime of Firearms covered are classified as:
government's terms for its use.
direct assault with unintentional abortion. On the day of the
1. Small arms refer to rearms intended to be or primarily
commission of the assault, Gemma was engaged in the performance Section 9.3 of the 2013 IRR of RA 10591 is unconstitutional. It is
designed for individual use or that which is generally
of her o cial duties, that is, she was busy with paperwork while declared void for violating Article III, Section 2 of the Constitution
considered to mean a weapon intended to be red from the
supervising and looking after the needs of pupils. Lydia was already on the right against unreasonable searches and seizures. Signing the
hand or shoulder, which are not capable of fully automatic
angry when she entered the classroom and accused Gemma of Consent of Voluntary Presentation for Inspection appearing in the
bursts of discharge, such as Handgun, Ri e, Shotgun.
calling her son a "sissy". Gemma then proceeded towards the pro forma application form for rearm registration is likewise
principal's o ce but Lydia followed and resorted to the use of force declared void and of no force and e ect. 2. Light weapons are:
by slapping and pushing her against a wall divider. The violent act In Chavez, the Court held that there is no vested right in the a. Class-A Light weapons which refer to self-loading
resulted in Gemma's fall to the oor. continued ownership and possession of rearms. Like any other pistols, ri es and carbines, submachine guns, assault ri es
Gemma, being a public school teacher, belongs to the class of license, the license to possess a rearm is "neither a property nor a and light machine guns not exceeding caliber 7.62MM
persons in authority expressly mentioned in Article 152 of the RPC. property right." As a mere "permit or privilege to do what which have fully automatic mode; and
otherwise would be unlawful," it does not act as "a contract between b. Class-B Light weapons which refer to weapons designed
the authority granting it and the person to whom it is granted." for use by two (2) or more persons serving as a crew, or
Pangan v. Gatbalite ri es and machine guns exceeding caliber 7.62MM.

person who committed the crime shall be punished in

Quali ed persons permitted to 3) Fitted or mounted with sniper scopes, rearm mu er or
accordance with this Act:
carry rearms outside of residence rearm silencer;
2. Provided, That injuries caused on the occasion of the
The following professionals are considered to be in imminent danger 4) Accompanied with an extra barrel; and
conduct of competitions, sports, games, or any recreation
due to the nature of their profession, occupation or business: 5) Converted to be capable of ring full automatic bursts. activities involving imitation rearms shall not be punishable
a) Members of the Philippine Bar; under this Act.
E ect of rearm violation
b) Certi ed Public Accountants; committed together with another
crime Rimando v. COMELEC
c) Accredited Media Practitioners;
1. The use of a loose rearm, when inherent in the commission Whether the head of the agency who failed to secure a permit for
d) Cashiers, Bank Tellers;
of a crime punishable under the RPC or other special laws, exemption from the Commission is guilty of an election offense or not.
e) Priests, Ministers, Rabbi, Imams; shall be considered as an aggravating circumstance:
NO. Mere possession of unlicensed rearms is already punishable
f) Physicians and Nurses; a. If the maximum penalty for the crime is lower than by statute as a crime. Hence, the owner, manager or operator of the
g) Engineers; that under the Firearms Law, the penalty for illegal security agency that obtains unlicensed rearms and issues the same
possession of rearm shall be imposed; to security guards in its employ is undeniably criminally liable. In
h) Businessmen, who by the nature of their business or
any event, there is likewise nothing in R.A. 7166 that expressly
undertaking, are exposed to high risk of being targets of b. If the maximum penalty for the crime is equal, the
penalizes the mere failure to secure written authority from the
criminal elements; penalty of prision mayor in its minimum period
COMELEC as required in Section 32 thereof. Such failure to secure
shall be imposed in addition to the penalty for the
i) Elected incumbent and former o cials; and an authorization must still be accompanied by other operative acts,
crime.
j) Active and retired military and law enforcement personnel. such as the bearing, carrying or transporting of rearms in public
2. If the violation of this Act is in furtherance of, or incident to, places during the election period.
Penalties or in connection with the crime of rebellion or insurrection,
All told, petitioner should be absolved of any criminal liability,
or attempted coup d’ etat, such violation shall be
Regardless of classi cation, possession of loose rearm is a crime consistent with the doctrine of nullum crimen, nulla poena sine lege
cognizable with the RTC. absorbed.
- there is no crime when there is no law punishing it.
The penalty of one (1) degree higher than that provided shall be 3. If the crime is committed by the person without using the
imposed upon any person who shall unlawfully possess any rearm loose rearm, the violation of this Act shall be considered as a
under any or combination of the following conditions: distinct and separate o ense. People v. Olarte 2019
1) Loaded with ammunition or inserted with a loaded magazine; Use of an Imitation Firearm
The essential elements in the prosecution for the crime of illegal
2) Fitted or mounted with laser or any gadget used to guide the 1. An imitation rearm used in the commission of a crime shall possession of rearms, which include explosives, ammunitions, or
shooter to hit the target such as thermal weapon sight (TWS) be considered a real rearm as de ned in this Act and the incendiary devices, are:
and the like;

a) the existence of subject rearm, and 1) Great Seal of the Government of the PH; 1) Possession of coin, counterfeited or mutilated by another
b) the fact that the accused who possessed or owned the same 2) signature of the President; a) Possession
does not have the corresponding license for it. 3) stamp of the President. b) With intent to utter
In the crime of illegal possession of rearms, the corpus delicti is c) Knowledge.
162 Using forged signature or counterfeit seal or stamp
the accused's lack of license or permit to possess or carry the
firearm, as possession itself is not prohibited by law. To establish 2) Actually uttering
1) Great Seal of the Republic was counterfeited or the
the corpus delicti, the prosecution has the burden of proving that signature or stamp of the Chief Executive was forged by a) Actually uttering
the rearm exists and that the accused who owned or possessed it another person; b) Knowledge.
does not have the corresponding license or permit to possess or carry
the same. However, even if the existence of the rearm must be 2) O ender knew of the counterfeiting or forgery;
False Treasury or Bank notes
established, the rearm itself need not be presented as evidence 3) He used the counterfeit seal or forged signature or stamp.
for it may be established by testimony, even without the Forging treasury or bank notes or other documents
presentation of the said rearm. Counterfeiting or Mutilating coins 166 payable to bearer, importing, and uttering of such false
or forged notes and documents
163 Making, importing and uttering false coins.
1) Forging or falsi cation of treasury or bank notes or other
D Crimes Against Public Interest 1) There be false or counterfeited coins;
documents payable to bearer;
2) O ender either made, imported, or uttered such coins;
Counterfeiting or Mutilating coins 2) Importation;
3) In case of uttering, he connived with the counterfeiters or
3) Uttering in connivance with the forgers or importers.
False Treasury or Bank notes importers.
Counterfeiting, importing and uttering instruments
Falsi cation Mutilation of coins, importation and uttering of 167
164 not payable to bearer
mutilated coins
Usurpation 1) There be an instrument payable to order or other document
1) Mutilating coins with intent to damage or defraud.
not payable to bearer;
False testimony 2) Importing or uttering such mutilated coins with
2) O ender either forged, imported or uttered such instrument;
connivance with the mutilator or importer.
Machinations in public auctions 3) In case of uttering, he connived with the forger or importer.
165 Selling of false or mutilated coins, without connivance
161 Counterfeiting or forging Illegal possession and use of forged treasury or bank
168
Acts punished with corresponding elements notes and other instruments of credit
Forging the:

1) Any treasury or bank note or certi cate or other obligation them.

3) He has no proper authority;
and security payable to bearer, or any instrument payable
a) A person participated in an act;
to order or other document of credit not payable to 4) Alteration has changed the meaning.
bearer is forged or falsi ed by another person. b) He made statements in that act; and
Falsi cation by public o cer, employee or notary or
171 c) Statements other than those made by such person
2) Knowledge; ecclesiastical minister
were attributed to him.
3) Performs any of these acts: Any public o cer, employee, or notary, or ecclesiastical minister,
4) Making untruthful statements in a narration of facts.
a) Using any such forged or falsified instruments; or who takes advantage of his o cial position.
a) In a document, there be a narration of facts;
b) Possessing with intent to use. Acts punished with corresponding elements
b) O ender has legal obligation to disclose the truth;
169 How forgery is committed 1) Counterfeiting or imitating any handwriting, signature or
rubric. c) Facts are absolutely false;
1) Giving to a treasury or bank note or any instrument payable d) Wrongful intent of injuring a third person.
Two ways:
to bearer or to order mentioned therein the appearance of a
1) Counterfeiting, requisites are: ➔ Person making the narration of facts must have
true and genuine document.
knowledge of its falsity.
e.g. Writing the word "Victory" in ink at the back of the a) intent or attempt to imitate,
5) Altering true dates
one-peso bill which accused gave as payment. (PP v b) genuine and forged bear some resemblance;
Galano). and ➔ Date must be essential.
2) Erasing, Substituting, Counterfeiting, or Altering by any 2) Feigning which is simulating something that does ➔ Must a ect either the veracity or the e ects of the
means the gures, letters, words, or sign contained therein. not exist. document.
e.g. A wrote B's name on the back of said treasury Making it appear that a person who does not know ➔ Altering dates in o cial receipts to prevent
warrant as if B had indorsed it, and then presented it for how to write has signed the document is feigning. discovery of malversation is falsi cation.
payment. (US v. Solito) 6) Making any alteration or intercalation in a genuine
2) Causing it to appear that persons have participated in any
act or proceeding. document which changes its meaning.
Falsi cation
a) Causing it to appear that a person participated in an a) There be an alteration or intercalation;
170 Falsi cation of legislative documents
act; and b) Made on a genuine document;
1) There be a bill, resolution, or ordinance of any stage and b) Such person did not in fact participate. c) Meaning of document has changed; and
of any legislative body;
3) Attributing to persons who have participated in an act or d) Change made the document speak something false.
2) O ender alters; proceeding statements other than those in fact made by
7) Issuing in authenticated form a document purporting to be

a copy of an inexistent document.

a) Knowledge; performing any act pertaining to any person in authority,
➔ Purporting to be a copy of an inexistent document - under pretense of o cial position, and without being
b) False document embraced in Art 171 or 172 pars
Making a copy of a deed of sale which was never lawfully entitled to.
1-2;
executed;
c) Introduced in evidence in any judicial proceeding. False testimony
8) Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry or o cial book. in any other transaction 180 False testimony against a defendant
➔ Including in a copy a statement contrary to, or d) Used such document;

1) There be a criminal proceeding;
different from that of the genuine original - Civil e) Caused or with intent to cause damage.
2) O ender testi es falsely under oath against defendant;
registrar stating that a person is legitimate contrary
to that stated in the original. False medical certi cates, false certi cates of merit or 3) Knows of falsity;
174
service
Falsi cation by private individuals and use of falsi ed 4) Defendant is either acquitted or convicted by nal
172 Punishable act committed by offender judgment.
documents
1) Physician falsi es medical certi cate, 181 False testimony favorable to the defendant
2) Public O cer falsi es certi cate of merit or service,
1) Falsi cation of public, official or commercial documents. 1) There be a criminal proceeding;
good conduct, etc,
a) O ender is private individual or public o cer who 2) O ender testi es falsely under oath with intent to favor
3) Private person falsi es either.
did not take advantage of his o cial position; defendant;
b) Committed any acts in Art 171; 175 Using false certi cates 3) Knows of falsity;
c) Falsi cation committed in public, o cial, or 1) Art 174 has been committed; 182 False testimony in civil cases
commercial documents.
2) O ender knew of the falsity;
1) Civil case;
2) Falsi cation of private documents.
3) He used the same.
2) Testimony is relevant, and
a) O ender committed act in Art 171 except par 7;
177 Usurpation 3) False;
b) Committed in any private document;
1) Usurpation of authority 4) Knows of falsity;
c) Caused or with intent to cause damage to a third
party. knowingly and falsely representing oneself to be an o cer, 5) Malicious with intent to a ect the issues presented.
3) Use of falsi ed documents. agent, rep of the PH or any foreign gov't

183 False testimony in other cases and perjury
in a judicial proceeding 2) Usurpation of official functions

Acts punished
4. If the false witness desists, he is not liable. The o eror however is 4. Market allocation, agree not to compete for certain
1) Falsely testifying under oath; and liable for attempted o ering false testimony in evidence. customers or in certain areas.
2) Making a false a davit. 185 Machinations in public auctions Has been repealed by RA 10667 or the Philippine
186
Elements Competition Act
Common elements
1) Made statement under oath, or executed an a davit upon a
material matter; 1) There be public auction;
Layug v. Sandiganbayan
2) Such was made before a competent officer, authorized to 2) Intent to cause reduction of price
receive and administer oath; Acts punished with additional elements There is authority to the e ect that a fourth requisite, i.e., that the
act of falsi cation was committed to the damage of a third party or
3) Willful and deliberate assertion of falsehood; 1) Soliciting any gift or promise
with intent to cause such damage, may be dispensed with as
4) Statement or a davit required by law. a) Solicited gift or promise; regards falsi cation of public or o cial documents. In the
b) To refrain bidders from taking part. prosecution of cases involving falsi cation of daily time records, it
184 O ering false testimony in evidence
is imperative that there be proof of damage to the government.
2) Attempting bidders to stay away Such damage may take the form of salary paid to the accused for
1) O ered in evidence a false witness or testimony;
a) Attempted to cause bidders to stay away; services not rendered.
2) Knows of falsity;
b) By threats, gifts, promises or other arti ce.
3) Made in a judicial or o cial proceeding.
Tepoco v. People 2017 re Falsi cation of public documents
Common bid manipulation practices:
NOTES RE FALSE TESTIMONY Wrongful intent on the part of the accused to injure a third
1. Bid cover happens when a competitor submits a bid that is
1. Material matter is the main fact which is the subject of the either person is NOT an essential element of the crime of
inquiry or any circumstance which tends to prove that fact, or falsi cation of public document.
a) higher than that of the designated winner,
any fact or circumstance which tends to corroborate or
strengthen the testimony, or which legitimately a ects the credit b) too high to be accepted, or
of any witness who testi es. Malabanan v. Sandiganbayan 2017
c) contains special terms that are known to be
2. Subornation of perjury is committed by procuring another to unacceptable by the purchaser. O enders are considered to have taken advantage of their o cial
swear falsely. 2. Bid suppression happens when a company does not submit position in falsifying a document if
3. O er of testimonial evidence, begins the moment a witness is a bid for nal consideration.
1) they had the duty to make or prepare or otherwise
called to the witness stand and interrogated by counsel. 3. Bid rotation, takes turns winning bids. intervene in the preparation of the document; or

2) they had o cial custody of the falsi ed document

on the issuance of Resolution Nos. 30-A and 30-B 1. Accused-appellants are NOT guilty of violating Section 3
giving Mondejar the authority to enter into a (e) of RA 3019 and Article 171 (4) of the RPC.
In cases of falsi cation, we have interpreted that the criminal intent contract with IBC with respect to the rechanneling
to pervert the truth is lacking in cases showing that 2. Forgery was not substantiated by clear, positive and
of Tigum River.
convincing evidence.
1) the accused did not bene t from the falsi cation; and 3. SB Members Trojillo and Albacete testi ed that they did
3. Accused-appellants were able to adduce su cient evidence
2) no damage was caused either to the government or to a not deliberate on the issuance of the Resolutions.
to prove that they truly worked in the satellite o ce of
third person. 3.1. Albacete corroborated the testimony of Trojillo Ro o in Davao City.
when he declared that Exhibit "8" presented by
3.1. It is settled that the prosecution must establish the
Partisala contained items which were not discussed
fact of falsi cation or forgery by clear, positive, and
People v. Partisala 25 Apr 2022 nor deliberated upon by the SB, speci cally Item
convincing evidence, as the same is never
Nos. 9 to 12.
1. In Falsi cation of Public Documents under paragraph 2, presumed.
Article 171 of the RPC, the prosecution must prove the 4. Falsi cation of Public Document is committed when the
3.2. The testimony of a witness who was physically
existence of the following elements: public document is simulated in a manner so as to give it
present at the signing of the questioned document
the appearance of a true and genuine instrument, thus,
1.1. that the o ender is a public o cer, employee, or prevails over the comparison made by a witness or
leading others to errors as to its authenticity.
notary public; the court of the alleged forged handwriting or
4.1. The refusal of Trojillo and Albacete to sign the signature against the writings admitted to be
1.2. that he takes advantage of his o cial position;
falsi ed minutes prepared by Tolentino to genuine.
1.3. that he falsi es a document by causing it to appear legitimize the MOA entered into by Mondejar,
4. Here, Fidela, the private secretary of Palma-Gil,
that persons have participated in any act or su ciently proved that the minutes did not re ect
categorically declared under oath that the signatures
proceeding; and the true and actual proceedings of the session.
thereon were not forgeries as she was physically present at
1.4. that such persons did not in fact so participate in 4.2. Partisala's participation in the falsi cation of the the time of signing of the contracts of services, DTRs and
the proceeding. minutes cannot be denied, as he himself persuaded ARs.
2. Here, Partisala was a public o cer, being the Vice-Mayor of Trojillo to sign it to make it appear that there are
4.1. Juxtaposed with the comparison made by the
Maasin, Iloilo City, at the time material to the case. two resolutions justifying the MOA entered into
Sandiganbayan of the subject signatures, which is
by Mondejar with IBC.
2.1. He took advantage of his o cial position as the considered only as circumstantial evidence, Fidela's
vice mayor, together with his co-accused, See Criminal Law Case Digest No. 3 testimony constitutes direct evidence as to the
genuineness of the subject signatures on the
2.2. to falsify the Minutes of the SB by making or
subject documents.
preparing or intervening in the preparation
thereof, to make it appear that the SB deliberated People v. Palma Gil-Roflo 21 Mar 2022 4.2. The plain comparison of the questioned signatures

made by the Sandiganbayan cannot prevail over document. Documents by making untruthful statements in a
the direct evidence of Fidela. narration of facts under Article 171, paragraph 4 of the
8.1. The standards should embrace the time of the
RPC, the prosecution must establish beyond reasonable
5. Under Rule 132, Section 22 of the Rules of Court, the origin of the document, so that one part comes
doubt the following elements:
genuineness of handwriting may be proved in the following from the time before the origin and one part from
manner: the time after the origin. 11.1. the o ender makes in a public document
untruthful statements in a narration of facts;
5.1. by any witness who believes it to be the 8.2. Here, the Sandiganbayan used as standards of
handwriting of such person because he has seen comparison the signatures in three documents, 11.2. he or she has a legal obligation to disclose the truth
the person write; or he has seen writing purporting namely: contracts of services, DTRs and ARs of the facts narrated by him or her; and
to be his upon which the witness has acted or been executed between 2001 to 2003.
11.3. the facts narrated are absolutely false.
charged;
8.3. These documents precede by six to eight years the
12. The o ender is considered to have taken advantage of his or
5.2. by a comparison, made by the witness or the court, Deposit for Bail of Jerico, Norman, Derrick,
her o cial position in making the falsi cation when
with writings admitted or treated as genuine by the Sergio, and Chona, which were executed in 2009,
party, against whom the evidence is o ered, or and by 13 to 15 years their Judicial A davits 12.1. he or she has the duty to make or prepare or,
proved to be genuine to the satisfaction of the which were executed in 2016. otherwise, to intervene in the preparation of a
judge. document; or
8.4. The possibility of altering their signatures is not
6. Jurisprudence states that the presumption of validity and remote. 12.2. he or she has the o cial custody of the document
regularity prevails over allegations of forgery and fraud. which he falsi es.
9. Falsi cation of a public document was not su ciently
7. The subject contracts of services were notarized, and it is a established by the prosecution. 13. Criminal intent is required in order to incur criminal
well-settled principle that a duly notarized contract enjoys liability under Article 171 of the RPC.
10. Falsi cation of Public Documents has the following
the prima facie presumption of authenticity and due 13.1. Here, the element of malicious intent is sorely
elements:
execution, as well as the full faith and credence attached to a wanting.
public instrument. 10.1. the o ender is a public o cer, employee, or notary
public; 14. Accused-appellants cannot be held criminally culpable for
7.1. To overturn this legal presumption, evidence must Falsi cation of Public Documents by making untruthful
be clear, convincing, and more than merely 10.2. the o ender takes advantage of his or her o cial
statements in a narration of facts in the absence of a clear
preponderant to establish that there was a forgery position; and
showing that they acted with malicious intent when they
that gave rise to a spurious contract. 10.3. the o ender falsi es a document by committing a xed their signatures on the contested documents.
7.2. Here, no such evidence was presented. any of the acts enumerated in Article 171 of the
14.1. They were acting in good faith and in the honest
RPC.
8. Cogtong v. Kyoritsu proclaimed that the standards should, if belief that they were permitted to work outside the
possible, have been made at the same time as the suspected 11. To warrant a conviction for Falsi cation of Public agency's prescribed o ce hours pursuant to CSC

Resolution No. 020790, and as con rmed by the 4) Being employees or visitors of a dangerous drug den, dive or
Elements of sale of dangerous drugs
HR Department. resort;
1) Identities of the buyer and seller, the object, and the
14.2. They cannot be faulted for indicating in their 5) Manufacture of dangerous drugs and/or controlled precursors consideration; and
DTRs that they worked from 8:00 a.m. to 5:00 and essential chemicals;
2) The delivery of the thing sold and the payment for it.
p.m. because this was the directive of the
6) Illegal chemical diversion of controlled precursors and
accounting o ce, otherwise, their salaries would
essential chemicals; People v. Fernandez 2014
not be processed.
7) Manufacture or delivery of equipment, instrument, apparatus
15. With regard to the charge of violation of Section 3 (e) of The accused were charged not only with the sale of cocaine but also
and other paraphernalia for dangerous drugs and/or controlled
RA 3019, Ro o did not act in evident bad faith when she with the delivery and distribution thereof, which is committed by
precursors and essential chemicals;
signed the contracts of services, DTRs and ARs of Jerico, the mere delivery of the prohibited drug. The consideration
Norman, Derrick, Sergio, and Chona; neither did Jerico, 8) Possession of dangerous drugs; therefor is of no moment. The law has de ned “deliver” as “any
Norman, Derrick, Sergio, and Chona act in evident bad 9) Possession of equipment, instrument, apparatus & other act of knowingly passing a dangerous drug to another, personally or
faith when they received their respective salaries. paraphernalia for dangerous drugs; otherwise, and by any means, with or without consideration.”
See Criminal Law Case Digest No. 6 10) Possession of dangerous drugs during parties, social gatherings
or meetings;
People v. Jaime de Motor 2019
11) Possession of equipment, instrument, apparatus and other
Crimes Relative to Opium and Other paraphernalia for dangerous drugs during parties, social The delivery of the illicit drug to the poseur-buyer and the receipt by
E Prohibited Drugs gatherings or meetings; the seller of the marked money successfully consummate the
buy-bust transaction. What is material is the proof that the
Comprehensive Dangerous Drugs Act of 2002 12) Use of dangerous drugs;
transaction or sale actually took place, coupled with the
13) Cultivation or culture of plants classi ed as dangerous drugs presentation in court of the prohibited drug, the corpus delicti, as
Acts punished or are sources thereof; evidence.
1) Importation of dangerous drugs and/or controlled precursors 14) Failure to maintain and keep original records of transactions
and essential chemicals; on dangerous drugs and/or controlled precursors and essential Elements of possession of dangerous drug
2) Sale, trade, administration, dispensation, delivery, chemicals; 1) Actual or constructive possession;
distribution and transportation (STA3DT) of dangerous 15) Unnecessary prescription of dangerous drugs; 2) Unauthorized by law;
drugs and/or controlled precursors and essential chemicals;
16) Unlawful prescription of dangerous drugs. 3) Free and conscious possession.
3) Maintenance of a dangerous drug den, dive or resort;

1. What is imperative is the preservation of the integrity and

Chain of custody 2.2. Both witnesses signed the Receipt of Physical
the evidential value of the seized items as the same would be
1) The apprehending team having initial custody and control of Inventory.
utilized in the determination of the guilt or innocence of
the drugs shall, immediately after seizure and con scation, 2.3. While the markings made on the items were not
the accused.
physically inventory and photograph the same in the presence exactly as directed in the PNP Manual, the
of the accused or the person/s from whom such items were 2. Prosecution must recognize and explain the lapse or lapses
markings made by PO1 Villarino using his initials
con scated and/or seized, or his/her representative or counsel, in the prescribed procedure. (saving mechanism under
still served the purpose.
a representative from the media and the DO), and any elected Sec 21[a])
3. There was also no break in the second link.
public o cial who shall be required to sign the copies of the
inventory and be given a copy thereof; People v. Hernandez 15 Jun 2022 3.1. People v. Casilang reiterated that the usual
procedure is that the police o cer who seizes the
2) Within twenty-four (24) hours upon con scation/seizure of 1. To ensure the integrity of the seized drugs, the prosecution
suspected illegal drug turns it over to a supervising
dangerous drugs, plant sources of dangerous drugs, controlled must account for each link in the chain of custody, as
o cer who will then send it to the police crime
precursors and essential chemicals, as well as follows:
laboratory for testing.
instruments/paraphernalia and/or laboratory equipment, the
1.1. the seizure and marking, if practicable, of the
same shall be submitted to the PDEA Forensic Laboratory for 3.2. Casilang also held that there was substantial
illegal drug recovered from the accused by the
a qualitative and quantitative examination; compliance with the second link considering that
apprehending o cer;
the prosecution was able to record the movement
3) A certi cation of the forensic laboratory examination results,
1.2. the turn-over of the seized illegal drug to the of the seized item at each stage, from the time of
which shall be done under oath by the forensic laboratory
investigating o cer; seizure to its receipt by the forensic laboratory.
examiner, shall be issued within twenty-four (24) hours after
the receipt of the subject item/s. 1.3. the turn-over by the investigating o cer of the 3.3. Here, while there was no turnover to the
illegal drug to the forensic chemist for laboratory investigating o cer, the movement of the seized
Chain of Custody Procedure
examination; and items was duly recorded and the identities of the
1) Police o cer to place his marking on the plastic container persons who had custody thereof as well as the
1.4. the turn-over and submission of the illegal drug
containing the suspected substance. date and time when transfer was made were
from the forensic chemist to the court.
2) Turns over to supervising o cer. appropriately established.
2. Here, the rst link had been complied with.
3) Sends by courier to the police crime lab for testing. 3.4. People v. Macaspac likewise decreed that the failure
2.1. The necessary witnesses — an elective government
of the apprehending o cer to turn over the seized
4) After testing and verifying nature of substance, technician o cial, Manalo, and a member of the media,
item to an investigator if the apprehending o cer
puts his own mark on new container and seal. Trinidad, were present during the conduct of
remained in custody of the same until the evidence
inventory, which was done immediately after
EXC was submitted to the Crime Laboratory, was not a
seizure.
breach in the chain of custody.


3.5. Here, PO1 Villarino took charge of the seized 3.2. The sachets were mingled with each other and the
items from the moment of con scation up to its lack of marking thus made it impossible for the
submission to the crime laboratory. prosecution to identify which item was subject of
People v. Mariano 28 Feb 2022 the sale, and which sachets were con scated from
4. However, the prosecution FAILED to demonstrate
1. People v. Kamad enumerated the four links in the chain of Nora's possession.
observance of the third and fourth links in the chain of
custody. custody that the prosecution must establish: 3.3. This critical lapse on the part of the apprehending
1.1. the seizure and marking, if practicable, of the o cers made the initial link in the chain of
4.1. While it appears that the requests were stamp
illegal drug recovered from the accused by the custody unreliable.
received by PO2 Comia, the latter was not
presented in court to shed light on the condition apprehending o cer; 4. Upon arrival at the police station, PO3 Tutor placed his
of the contraband when it was received, as well as 1.2. the turnover of the illegal drug seized by the markings on the seized items and indorsed them, as well as
the necessary precautions employed to ensure that apprehending o cer to the investigating o cer; the accused, to the desk o cer, PO2 Ahadain.
the seized illegal drugs were not contaminated,
1.3. the turnover by the investigating o cer of the 4.1. PO3 Tutor testi ed that he personally delivered
changed, or altered while in PO2 Comia's custody.
illegal drug to the forensic chemist for laboratory the specimen to PO1 Marron of the crime
4.2. Absent the testimony of PO2 Comia, the person examination; and laboratory for examination.
who supposedly received the illegal drugs from
1.4. the turnover and submission of the seized and 4.2. However, there is no evidence on record indicating
PO1 Villarino, makes the third link in the chain of
marked illegal drug from the forensic chemist to how he handled and preserved the identity of the
custody awed.
the court. seized drugs while he was in possession thereof
4.3. Anent the fourth link, there was a missing link before handing it over to PSI Fabian.
2. Here, the prosecution failed to establish the rst, third and
from the point when the drugs were in the hands
fourth links. 4.3. There are also no informative details as to how PSI
of PCI Huelgas, to the point when the same were
Fabian handled and preserved the identity of the
submitted to the court. 3. One plastic sachet containing what appears to be shabu was
seized drugs before and after she conducted the
the subject of the sale transaction between Nora and PO3
4.4. Thus, it was not convincingly shown whether the qualitative examination.
Tutor and another 40 pieces of elongated plastic sachets,
specimens submitted to the court were the same
also believed to contain shabu, were recovered from the 5. Consequently, there is doubt on whether the supposed
plastic sachets of shabu that were actually
possession of Nora. shabu seized from accused-appellant were the same ones
recovered from Donato.
submitted to the crime laboratory, and eventually,
3.1. PO3 Tutor admittedly did not immediately mark
5. The foregoing lapses in the chain of custody of the illegal presented in court.
the said elongated plastic sachets at the place of the
drug purportedly seized from Donato, fatally compromised
apprehension but only made the marking at the 6. Here, while the buy-bust operation took place on August 6,
its integrity and evidentiary value.
police station. 2011, the inventory of the seized items was only conducted
on August 8.

media.
7. In sum, the prosecution failed to prove Nora's guilt beyond NO. First of all, the con scated items were not marked
reasonable doubt for the police o cers' non-compliance immediately after the seizure. Secondly, the law speci cally
with the chain of custody and Section 21 of RA 9165. required that the marking must be witnessed by the accused.
Thirdly, another substantial gap in the chain of custody concerned People v. De Lumen 2019 re Saving Mechanism Clause
See Criminal Law Case Digest No. 9 the absence of any representative of the media or of the DOJ,
The IRR of the law provides that noncompliance with the
Physical Inventory, Photograph, Marking of Seized Evidence and of the elected public o cial during the buy-bust
requirements of Section 21, under justi able grounds, will not
operation and at the time of the con scation of the dangerous
1. In seizures covered by search warrants, physical inventory render void and invalid the seizure and custody over the seized items
drugs from the accused in the area of operation. And, lastly, the
and photograph must be done where the warrant was served. so long as the integrity and evidentiary value of the seized items are
arresting o cers did not prepare any inventory of the con scated
properly preserved by the apprehending team. Accordingly, the
2. In warrantless seizures, such as buy-busts, may be done at items, and did not take photographs of the items.
prosecution must satisfactorily prove that:
the nearest police station or o ce of the apprehending
team/o cer. a) there is justi able ground for noncompliance; and
3. A buy-bust operation is not invalidated by mere non- People v. Alon-Alon 2019 b) the integrity and evidentiary value of the seized items are
coordination with the PDEA. properly preserved.
The chain of custody rule requires testimony as to every link in the
chain, describing how and from whom the seized evidence was Place of marking versus place of inventory
People v. Reyes 2016 received, its condition in which it was delivered to the next link in
the chain, and the precautions taken to ensure its integrity. Lescano v. People 2016
The apprehending o cer/team having initial custody and control
of the drugs shall, immediately after seizure and con scation, As regards the items seized and subjected to marking, Section 21(1)
physically inventory and photograph the same in the presence of RA 9165, as amended, requires the performance of two (2)
of People v. Ruiz 2019
actions: physical inventory and photographing. Section 21(1) is
1. the accused or the person/s from whom such items were Under R.A. 10640, the marking, physical inventory and speci c as to when and where these actions must be done. As to
con scated and/or seized, or his/her representative or photographing of the seized items by the apprehending team shall when, it must be "immediately after seizure and con scation." As to
counsel, be conducted immediately after seizure and con scation, and in the where, it depends on whether the seizure was supported by a search
presence of the accused or the persons from whom such items were warrant. If a search warrant was served, the physical inventory and
2. a representative from the media and the Department of
con scated and/or seized, or his/her representative or counsel. The photographing must be done at the exact same place that the search
Justice (DOJ), and
law also mandates that the foregoing be witnessed by speci c warrant is served. In case of warrantless seizures, these actions must
3. any elected public o cial who shall be required to sign persons, namely: be done "at the nearest police station or at the nearest o ce of the
the copies of the inventory and be given a copy thereof. apprehending o cer/team, whichever is practicable."
a) an elected public o cial; AND
Was the chain of custody preserved in this case? Moreover, Section 21(1) requires at least three (3) persons to be
b) a representative of the National Prosecution Service or the
present during the physical inventory and photographing.

These persons are: 9165. Who may be witnesses during search and inventory
1. the accused or the person/s from whom the items were 2. In addition, no insulating witnesses were likewise present to
People v. Castillo 2019
seized; a rm the proper con scation and recording of the illegal
drugs and paraphernalia. The requirement of conducting inventory and taking of
2. an elected public o cial; and
photographs immediately after seizure and con scation necessarily
2.1. The prosecution should su ciently justify its
3. a representative of the National Prosecution Service. means that the required witnesses must also be present during the
non-compliance with the procedure based on
There are, however, alternatives to the rst and the third. As to the seizure and con scation. The presence of third-party witnesses
meritorious grounds, provided that the integrity
rst, there are two (2) alternatives: is not an empty formality in the conduct of buy-bust
and evidentiary value of the seized items have been
operations.
1. his or her representative; and properly preserved.
The seizure and marking of the dangerous drugs from the accused
2. his or her counsel. 2.2. However, the police o cers did not bother to
to the apprehending o cer form the rst crucial link in the chain of
explain their failure to follow the protocol.
As to the representative of the National Prosecution Service, a custody. The marking of the evidence serves to separate the marked
representative of the media may be present in his or her place. 3. Here, the links are riddled with abnormalities. evidence from the corpus of all other similar or related evidence
People v. Garcia underscored that the mere marking of seized 3.1. The apprehending o cer (PO2 Paule) did not from the time they are seized from the accused until they are
paraphernalia, unsupported by a physical inventory and taking of mark the seized items immediately after seizure at disposed of at the end of the criminal proceedings, thus, preventing
photographs, and in the absence of the persons required by Section or near the place of arrest. switching, planting or contamination of evidence.
21 to be present, does not su ce. 3.2. PO2 Holanda, the investigating o cer, was the In People v. Tomawis, this Court declared that the third-party
one who marked the evidence even if he was not witnesses required by Section 21 must be present as early as
present during the actual seizure. the time of apprehension.
CICL XXX v. People 2 Mar 2022 Here, the absence of witnesses during seizure and marking
3.3. It is not clear if PO2 Holanda properly turned over
1. Here, the police o cers did not mark, inventory, or the seized items to the crime laboratory. casts reasonable doubt on the actual origin and identity of the drugs
photograph the con scated items immediately after the introduced in evidence.
4. In all, although the elements of Illegal Possession of
seizure. Dangerous Drugs and Drug Paraphernalia were present,
1.1. Although petitioners admitted that a video the integrity and evidentiary value of the con scated items
were compromised because the police o cers did not People v. Vinluan 28 Feb 2022
recording of them was captured at the basketball
court, the prosecution did not present the footage. follow the stringent requirements of Section 21 (1), Article 1. People v. Baluyot, citing People v. Lim holds that in the
II of R.A. 9165 as well as its IRR. event of absence of one or more of the witnesses, the
1.2. There is no evidence at all demonstrating that the
marking, inventory, or photography were prosecution must allege and prove that their presence
conducted, contrary to the clear mandate of RA during the inventory of the seized items was not obtained

due to reasons such as:

4. The Court nds that the police o cers failed to comply 4.1. Here, the prosecution did not adduce any
1.1. their attendance was impossible because the place with the witness-requirement of Section 21, Article II of explanation as to why the police o cers deviated
of arrest was a remote area; RA 9165. from the procedure under Section 21.
1.2. their safety during the inventory and photograph See Criminal Law Case Digest No. 10 5. The parties' stipulation to dispense with the testimony of
of the seized drugs was threatened by an immediate forensic chemist PI Navarro did not fully cover the
retaliatory action of the accused or any person/s necessary pieces of information as required by
acting for and in his/her behalf; jurisprudence, namely:
People v. Ortega 23 Feb 2022
1.3. the elected o cial themselves were involved in the 5.1. that the forensic chemist received the seized article
1. Prior to the amendment of Sec 21 of RA 9165, three
punishable acts sought to be apprehended; as marked, properly sealed, and intact;
witnesses were required, namely:
1.4. earnest e orts to secure the presence of a DOJ or 5.2. that he resealed it after examination of the content;
1.1. a representative from the media;
media representative and an elected public o cial and
within the period required under Article 125 of 1.2. a representative from the DOJ; and
5.3. that he placed his own marking on the same to
the RPC prove futile through no fault of the 1.3. any elected public o cial. ensure that it could not be tampered with pending
arresting o cers, who face the threat of being
2. Here, only the barangay o cial, Andres, was present trial.
charged with arbitrary detention; or
during the time the police o cers conducted the inventory 6. Consequently, a huge gap in the chain of custody of the
1.5. time constraints and urgency of the anti-drug of the seized drugs. seized drugs is created.
operations, which often rely on tips of con dential
assets, prevented the law enforcers from obtaining 3. Further, the Inventory/Con scation Receipt was not 7. In all, the prosecution failed to show that the chain of
the presence of the required witnesses even before signed by Ortega or by his counsel or representative, as custody was properly preserved.
the o enders could escape. required by Section 21.
2. The IRR of RA 9165 allows, however, for non-compliance 3.1. It was also admitted by the prosecutor handling
with the rules on chain of custody as long as there is a the case that there was no proof that Ortega and
justi able reason, and the integrity and evidentiary value of the required witness/es were furnished a copy of
People v. Arellaga 24 Aug 2020
the seized items are preserved. the said document.
4. While the absence of the required witnesses does not per se 1. Here, the buy-bust team failed to establish the presence of
3. Here, there were no representatives from the media and the
render the con scated items inadmissible, a justi able the three required witnesses at the time of the inventory
DOJ.
reason for such failure or a showing of any genuine and and photograph taking of the drugs.
3.1. Nowhere in the records does it show that the su cient e ort to secure the required witnesses must rst 1.1. Neither was it shown that there were justi able
police o cers employed earnest e orts to procure be adduced by the prosecution. grounds for their absence.
the attendance of the other required witnesses.

1.2. The Inventory of Property/Seized shows that there People v. Addin 09 Oct 2019 Uy v. People 23 Feb 2022
was only one (1) witness, a certain Crisostomo of 1. Here, the police o cers failed to observe the procedure in 1. The Rule on Chain of Custody was not complied with.
the MPD Press Corp. relation to the seizure and custody of dangerous drugs or
2. Section 21 of RA 9165 requires the apprehending o cers
2. People v. Tomawis held that he presence of the three the chain of custody; which is found in Section 21(1),
to immediately conduct the marking, physical inventory
witnesses must be deemed not only during the inventory Article II of RA 9165, prior to its amendment by RA
and photograph of the seized drugs.
but more importantly at the time of the warrantless arrest. 10640.
3. Moreover, the physical inventory and taking of
3. The IRR of R.A. No. 9165 provides for a saving clause to 2. Section 21 of RA 9165, prior to its amendment, mandates
photographs shall be conducted in the presence of:
ensure that not every non-compliance with the procedure that the marking, photographing and inventory of the
seized items be done in the presence of representatives from 3.1. the accused or the persons from whom such items
for the preservation of the chain of custody will prejudice
the media and the DOJ, and any elected public o cial. were con scated and/or seized, or his/her
the prosecution's case.
representative or counsel;
4. For the saving clause to apply, however, the following must 3.1. Here, the police only managed to secure the
presence and signature of a representative from the 3.2. a representative from the media;
be present:
media. 3.3. a representative from the DOJ; and
4.1. the existence of justi able grounds to allow
departure from the rule on strict compliance; and 3.2. No explanation was provided why the presence of 3.4. an elected public o cial, after seizure and
a representative from the DOJ and any elected con scation.
4.2. the integrity and the evidentiary value of the
public o cial was not secured.
seized items are properly preserved by the 4. Failure to strictly do so does not, ipso facto, render the
apprehending team. 4. Jurisprudence states that there should be evidence to show seizure and custody over the illegal drugs as void and invalid
that earnest e orts were employed by the prosecution in if:
5. In all, the prosecution failed to:
order to secure the attendance of the necessary witnesses.
4.1. there is justi able ground for such noncompliance;
5.1. overcome appellant's presumption of innocence;
5. Relevantly, this lapse casts doubt upon the integrity and and
5.2. prove that the requirements of securing three evidentiary value of the seized item.
4.2. the integrity and evidentiary value of the seized
witnesses had been complied with;
6. In conclusion, the prosecution failed to show that the chain evidence were preserved.
5.3. o er any explanation for non-compliance with of custody was properly preserved.
5. Here, an inventory report was not accomplished by any
Section 21; and
6. Therefore, proof beyond reasonable doubt was likewise not of the police o cers.
5.4. prove the corpus delicti of the crime with moral established.
5.1. Absent the inventory report, the required presence
certainty.
See Criminal Law Case Digest No. 59 of the insulating witnesses cannot be considered to
See Criminal Law Case Digest No. 49 have been complied with.
6. Due to lapses in the chain of custody and ultimately, lack of

compliance with Section 21, Article II of RA 9165, 9) In case of juridical persons, the partner, president, director, b) Has never been charged or convicted of any o ense
petitioner's acquittal is warranted. manager, trustee, estate administrator, or o cer who consents under this Act, RPC, or any special penal laws;
and knowingly tolerates shall be co-principal.
See Political Law Case Digest No. 7 c) No record of escape, Provided in case of escape, shall
10) Unless penalty is death, alien o ender is immediately surrender 1 week from said escape.
deported after service of sentence.
d) Poses no serious danger to himself, family, and
NOTES 11) Accessory penalty of DQ from exercising civil and political community.
1) Constructive possession – when the drug is under the rights, or suspension of such rights pending appeal.
14) The period of prescription under the compulsory
dominion and control of the accused or he has the right to 12) Voluntary submission of a drug dependent to submission program shall not run during the time the drug
exercise such dominion or control over the place where it is con nement, treatment and rehabilitation: dependent is under con nement, or under treatment and
found. Exclusive possession or control of the place is not rehabilitation approved by the Board.
a) By himself or through parent, spouse, guardian,
necessary. PP vs. Tira, May 28, 2004
relative within 4th degree, apply to Board; 15) Provisions Applicable to First-Time O enders
2) Any person convicted for drug tra cking or pushing
b) Board submits to Court which orders examination for 1) Suspension of sentence - over 15 yrs old at the time of
cannot avail of Probation Law.
dependency; commission but not more than 18 at the
3) Positive nding for the use of dangerous drugs shall be a promulgation of judgment, Provided:
c) DOH-accredited physician issues certi cation of
qualifying aggravating circumstance in the commission of
dependency; a) not been previously convicted,
any crime.
d) Court orders treatment and rehab in a b) not been previously committed to a Center or
4) Attempt or conspiracy penalized by same penalty in Nos 1,
Board-designated Center for at least 6 months; care of a DOH-accredited physician; and
2, 3, 5 and 13.
Provided, may be placed under care of
c) Board favorably recommends so.
5) Criminal liability of public o cer or employee for DOH-accredited physician, if (1) no available Center,
misappropriation, misapplication or failure to account or (2) o ender is below 18 and a 1st-time o ender. 2) Discharge After Compliance with Conditions of
con scated, seized and/or surrendered articles is Life-Death Suspended Sentence - expunge all records, restore the
e) Con nement not to exceed 1 year. The Board and
and 500K-10M + Absolute Perpetual DQ. accused to his status prior to the case.
Court shall be apprised by the head of the Center of
6) Any elective o cial who bene ted from proceeds shall be the status. 3) Privilege of Suspended Sentence to be Availed Only
removed from o ce and perpetually DQ from holding Once
f) Determine whether further con nement required.
position in government. 4) Promulgation of Sentence - should the o ender violate
13) Exemption from Criminal Liability under Voluntary
7) Government o cials and employees meted with MAX any condition.
Submission Program
penalty + Absolute Perpetual DQ. 5) Probation or Community Service in Lieu of
a) Complied with rules and regulations;
8) Planting Evidence = Death. Imprisonment.

16) Parent, spouse, guardian who refuses to cooperate may be prohibited drugs, it is immaterial whether or not the place of shows which:
cited for contempt. destination is reached. i) glorify criminals or condone crimes;
17) Required procedure on the seizure and custody of drugs ii) serves no other purpose but to satisfy market for
under Sec 21(1) Art II RA 9165: Shall, immediately after violence, lust or pornography;
seizure and con scation, physically inventory and F Crimes Against Public Morals
photograph, the same in the presence of the accused, or his iii) o end any race or religion;
counsel, a representative from media and the DOJ, and any Grave scandal iv) tend to abet us of prohibited drugs; and
elected o cial, who shall sign said inventory, and be given a
Immoral doctrines, obscene publications and v) are contrary to law, public order, morals, good
copy of.
customs, established policies, lawful orders, decrees
exhibitions
18) Chain of custody establishes the identity of the substance and edicts;
from the moment item is seized up to the time it is o ered in Anti-Gambling Act 3) Sell, give away, or exhibit o ensive displays.
evidence.
19) There can be no crime of illegal possession of prohibited drug 200 Grave scandal Leus v. St. Scholastica’s College Westgrove 2015
if nagging doubts persist on whether the item con scated is
the same specimen examined. 1) Act is performed; The determination of whether a conduct is disgraceful or immoral
involves a two-step process: first, a consideration of the totality of
2) Such be highly scandalous as o ending against decency or
2019 re Illegal Transport the circumstances surrounding the conduct; and second, an
People v. Macaspac good customs;
of Dangerous Drugs assessment of the said circumstances vis-à-vis the prevailing norms
3) Not under any other article; of conduct, i.e., what the society generally considers moral and
The core element of illegal transporting of dangerous drugs is the
4) Done in a public place or within public knowledge or view. respectable.
movement of the dangerous drug from one place to another.
"To transport" means "to carry or convey from one place to The morality referred to in the law is public and necessarily
Immoral doctrines, obscene publications and
another." There was no de nitive moment when an accused secular, not religious.
201 exhibitions
"transports" a prohibited drug. When the circumstances establish
(as amended by PD 969)
the purpose of an accused to transport and the fact of transporting
itself, there should be no question as to the perpetration of the 1) Publicly proclaim doctrines openly contrary to public Madrilejos v. Gatdula 2019 En Banc
criminal act. The fact that there is actual conveyance su ces to morals; Ordinance No. 7780 is a local legislation which criminalizes
support a nding that the act of transporting was committed. The
2) a. Authors or publishers of, or owners of establishment obscenity. Obscenity is unprotected speech.
law does not dictate the threshold how far the drugs should have
selling obscene literature; Under the circumstances, the proper recourse for petitioners
been transported to fall within the limits of illegal transporting of
dangerous drugs. Further, in cases of illegal transporting of b. Exhibit indecent or immoral plays, scenes, acts, or would have been to go to trial to allow the RTC, as the trier of fact,

to judicially determine whether the materials complained of as b Punishable Acts Other O enses or Irregularities
obscene were indeed proscribed under the language of Ordinance
1. Betting; Anti-Graft and Corrupt Practices Act
No. 7780. As part of their defense, petitioners can probably argue
for the adoption of the Miller standards, which requires the trier of 2. Acting as a personnel or sta of an illegal numbers game
Anti-Plunder Act
fact to ascertain: operation;
a) whether "the average person, applying contemporary 3. Allowing his vehicle, house, building or land to be used in the Prohibition of Child Marriage Law
community standards" would nd that the work, taken as a operation of the illegal numbers games;
whole, appeals to the prurient interest;
4. Acting as a collector or agent;
b) whether the work depicts or describes, in a patently Who are public o cers
5. Acting as a coordinator, controller or supervisor;
o ensive way, sexual conduct speci cally de ned by the 1) Taking part in the performance of public functions in the
applicable state law; and 6. Acting as a maintainer, manager or operator;
Government, or
c) whether the work, taken as a whole, lacks serious literary, 7. Acting as a nancier or capitalist; and
Performing in said Government public duties as an employee,
artistic, political, or scienti c value. 8. Acting as protector or coddler. agent or subordinate o cial, of any rank or class;
2) His authority must be by
G Crimes Committed by Public O cers
Anti-Gambling Act a) direct provision of law;
1
PD 1602, as amended by RA 9287 Crimes Committed by Judges b) popular election; or
Direct bribery c) appointment by competent authority.

a De nition of Terms For purposes of RPC, there is no distinction between a public o cer
Indirect bribery and a public employee. What is determinative is not the nature of
1. Illegal numbers games are those that use numbers or
combinations thereof as factors in giving out jackpot appointment but of the duties he performs.
Quali ed bribery
prizes/returns.
Crimes Committed by Judges
2. Lottery is the distribution of prizes to persons who have paid
Corruption of public o cials
204 Knowingly rendering unjust judgment
a valuable consideration for the chance to obtain a prize.
Frauds
3. Maintainer sets up means with which to carry the gambling 1) O ender is a judge;
scheme. Malversation
2) Renders judgment;
4. Conductor manages or carries on such scheme. In delities 3) Such is unjust;
4) Knows it is unjust.

205 Rendering judgment through negligence

3) With malice and deliberate intent to favor violator of 4) Agreed act in connection with the performance of o cial
1) O ender is a judge; law. duties.
2) Renders judgment; Betrayal of trust by an attorney or solicitor — 211 Indirect bribery

209
revelation of secrets
3) Such is manifestly unjust;
1) O ender a public o cer;
4) Due to inexcusable negligence or ignorance. 1) Causing damage to his client, by
2) Accepts gift;
a) any malicious breach of professional duty, or
206 Rendering unjust interlocutory order 3) By reason of his o ce.
b) inexcusable negligence or ignorance;
1) O ender is a judge; ★ There must be clear intention on the part of the public o cer to
2) Revealing secrets he has learned from his client in his take the gift and consider it as his from then on.
2) (a) knowingly renders unjust interlocutory order; or professional capacity, to which damage is not necessary;
(b) Renders manifestly unjust one through inexcusable 211
3) Undertaking the defense of the opposing party in the Quali ed bribery
negligence or ignorance. A
same case without consent from the rst one, after having
207 Malicious delay in the administration of justice undertaken the defense or received con dential information 1) Public o cer entrusted with law enforcement;
from said client.
2) Refrains from arresting or prosecuting o ender punishable
1) O ender is a judge;
210 Direct bribery by RP and/or Death;
2) There is a proceeding in his court;
3) In consideration of any promise, gift.
3) Delays administration of justice; Acts punished
1) Agree to perform, or perform a criminal act; 212 Corruption of public o cials
4) It is malicious, with intent to cause damage to either.
2) Accepting a gift in consideration of executing an unjust 1) O ers or promises or gives gifts to public o cer;
208 Dereliction of duty in prosecution of o enses
act that is not criminal;
2) Will make the public o cer liable for Direct or Indirect
O cer of the law who maliciously 3) Agree to refrain, or refrain from doing an o cial duty. bribery.
1) Refrains prosecution; or Common Elements
NOTES
2) Tolerates o enses. 1) O ender is a public o cer;
1. If o er is not accepted by public o cer, only o eror criminally
Elements 2) Accepts an o er or a promise, or receives gift personally or liable for attempted corruption of public o cer in relation to
1) O ender is a public o cer or o cer of the law; through third person; Art 6.
2) There is dereliction of duty; 3) Does the act;
Frauds

213 Frauds against the public treasury Exaction.

3) Consenting, or by abandonment or negligence,
1) O ender is a public o cer; 214 Other frauds permitting any other person to take same.
2) Intervened in his o cial capacity; 4) Being otherwise guilty of the misappropriation or

1) O ender is a public o cer;
malversation of same.
3) Entered into an agreement with an interested party or 2) Takes advantage of o cial position;
speculator with regards to Elements
3) Commits any of the frauds or deceits in Arts 315-318.
a) furnishing supplies, 1) O ender is a public o cer;
a) estafa,
b) making of contracts, OR 2) Had the custody or control of funds or property by reason
b) other forms of swindling, of his o ce;
c) the adjustment or settlement of accounts relating to
public property or funds; c) windling a minor, OR 3) Those were public funds or property for which he was
d) other deceits. accountable;
4) Intent to defraud the Government.
RTC has jurisdiction when this article is involved because MTCs 4) He appropriated, took, misappropriated or consented or,
Illegal Exactions through abandonment or negligence, permitted another to
have no jurisdiction to impose the penalty of DQ.
take them.
a) Public o cer entrusted with the collection of taxes, licenses,
215 Prohibited transactions
fees and other imposts;
NOTES
b) Acts or omissions: 1) O ender is an appointive PO.
1. If a subordinate PO, whose only responsibility is towards his
1) Demanding the payment of sums different from or 2) Becomes interested, directly or indirectly, in any transaction superior, who is in turn accountable to the government, takes or
larger than those authorized by law; or of exchange or speculation; misappropriates public funds or property, the crime is theft, not
3) Transaction takes place within the territory subject to his malversation (Webster and Wickersham cases).
2) Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him jurisdiction; 2. But where the PO had the authority to receive money due to the
o cially; or 4) Becomes interested during incumbency. Government, notwithstanding he had no authority to disburse
the same, is liable for malversation when he misappropriated it.
3) Collecting or receiving by way of payment or
Malversation
otherwise, things or objects of a nature di erent 3. In malversation not committed through negligence, lack of
from that provided by law. 217 Malversation of public funds or property criminal intent, good faith is a defense.
Acts punished 4. Conviction may be had even if there is no direct evidence of

NOTES
misappropriation because the shortage in account that has
1. A tax collector who collects a sum larger than that authorized 1) Appropriating public funds or property. not been able to be satisfactorily explained is prima facie
and spends it is guilty of two crimes: Malversation, and Illegal 2) Taking or misappropriating the same. evidence.

223 Conniving with or consenting to evasion

5. The return of the funds malversed is only a mitigating 4) Applies the same to a public use other than that for which it
circumstance similar and analogous to voluntary surrender has been appropriated. 1) O ender is a public o cer;
(Art 13 par 7 in rel to par 10).
NOTES 2) Had custody of prisoner;
218 Failure of accountable o cer to render accounts
1. No technical malversation if there is no law or ordinance 3) Such prisoner escaped;
1) Public o cer, in the service or separated; appropriating public funds or property for a particular purpose. 4) There was connivance.
2) Accountable for public funds or property; 2. Criminal intent is not an element. The o ense is a mala 224 Evasion through negligence
3) Required by law or regulations to render accounts to COA, prohibita.
or to a provincial auditor; 1) O ender is public o cer;
Technical Malversation and Malversation distinguished:
4) Fails to do so two months after such accounts should be 2) Charged with the conveyance or custody of a prisoner;
1) In both, o enders are public o cers;
rendered. 3) Such prisoner escapes through negligence.
2) In first, no personal gain or pro t; in second, there is pro t in
Demand for accounting not necessary, as long as there is a law certain cases; Escape of prisoner under the custody of a person not a
requiring same. Misappropriation also not necessary. 225
3) In first, the fund is applied to another public use; in second, it public o cer
Failure of a responsible public o cer to render is for the personal use and bene t of o ender or another.
219 1) O ender is a private person;
accounts before leaving the country
221 Failure to make delivery of public funds or property 2) Conveyance or custody of a prisoner or a person under arrest
1) Public o cer; is con ded to him;
Acts punished
2) Accountable for public funds or property; 3) Prisoner or person under arrest escapes;
1) Failing to make payment;
3) Unlawfully left (or be on the point of leaving) PH without 4) There was either consent or negligence.
2) Refusing to make delivery after being ordered by competent
securing from COA a certi cate showing that his accounts
authority;
have been fully settled. 229 Revelation of secrets by an o cer
Elements
Illegal use of public funds or property or Technical Acts punished with corresponding elements
220 1) Public o cer has Government funds in his possession;
Malversation
2) Obliged to make payment from such; 1) Reveals any secrets known to o ender by reason of his
1) Public o cer; o cial capacity.
3) Fails to pay maliciously.
2) There is public fund or property under his administration. a) O ender is a public o cer;
3) Such has been appropriated by law or ordinance;
In delities b) Knows a secret through o cial capacity;

1) O ender is a public o cer; 1) O ender is an executive o cer;

c) Reveals without authority or justi able reasons;
2) In charge of a prisoner; 2) O ender
d) Damage be caused to public interest.
3) Maltreats such either: a) assumes judicial powers, or
2) Wrongfully delivers papers or copies, of which he may have
charge and which should not be published. a) by Overdoing correction or handling either by b) obstructs the execution of any order or decision
rendered by any judge within his jurisdiction.
a) O ender is a public o cer; i) imposing punishments not authorized by
regulations, OR 245 Abuses against chastity
b) Has charge of papers;
ii) in icting punishments in a cruel and humiliating
c) Should not be published; 1) O ender is a public o cer;
manner; OR
d) Delivers to third persons; 2) Solicits or makes immoral or indecent advances to a woman;
b) to extort a confession or to obtain some information.
e) Wrongful delivery; 3) Such woman must be:
239 Usurpation of legislative powers
f) Damage be caused to public interest. a) interested in matters pending before the o ender;
1) O ender is a judicial or executive o cer;
230 Public o cer revealing secrets of private individual b) under the custody of the o ender who is a warden
2) O ender or of similar position and duty;
1) O ender is a public o cer;
a) makes general rules or regulations beyond the scope c) the wife, daughter, sister, or relative within the same
2) Knows of secrets of a private person by reason of his o ce; of his authority, or degree of a nity of the person in the custody of
3) Reveals same without authority or unjusti able reasons. o ender.
b) attempts to repeal a law, or
Other O enses or Irregularities c) suspends the execution thereof.

Lumauig v. People 2014
231 Open disobedience 240 Usurpation of executive functions A prior notice or demand for liquidation of cash advances is
1) O ender is a judicial or executive o cer; 1) O ender is a judge; not a condition sine qua non before an accountable public
o cer may be held liable under Article 218.
2) There is a judgment, decision or order of a superior; 2) O ender
3) Such was made within scope of jurisdiction and legally a) assumes a power pertaining to executive authorities,
issued; or Legrama v. Sandiganbayan 2012
4) O ender openly refuses to execute without any legal b) obstructs the executive in the lawful exercise of their Mere absence of funds is not su cient proof of conversion; neither
justi cation. powers. is the mere failure of the public o cer to turn over the funds at any
given time su cient to make even the prima facie case. In ne,
235 Maltreatment of prisoners 241 Usurpation of judicial functions

conversion must be proved. However, an accountable o cer may iv) even on the occasion of a family celebration or functions, or a private individual acting in
be convicted of malversation even in the absence of direct proof national festivity like Christmas, conspiracy with such public o cers;
of misappropriation so long as there is evidence of shortage in 2. that he acted with manifest partiality, evident bad
v) if the value of the gift is under the circumstances
his account which he is unable to explain. faith, or inexcusable negligence; and
manifestly excessive.
Under Article 217, a presumption was installed that upon 3. that his action caused any undue injury to any
demand by any duly authorized o cer, the failure of a public o cer b Corrupt Practices of Public O cers party, including the government, or giving any
to have duly forthcoming any public funds or property – with private party unwarranted bene ts, advantage, or
which said o cer is accountable – should be prima facie evidence a) Persuading, inducing or in uencing another public preference in the discharge of his functions.
that he had put such missing funds or properties to personal use. o cer to violate rules and regulations;
When these circumstances are present, a “presumption of law” f) Neglecting or refusing, after due demand or request,
b) Directly or indirectly requesting or receiving any gift for without su cient justi cation, to act within a reasonable
arises that there was malversation of public funds or properties.
himself or another in connection with a contract or time on any matter pending before him.
transaction between Gov't and any other party.
g) Entering, on behalf of the Government, into any
Anti-Graft and Corrupt Practices Act c) Directly or indirectly requesting or receiving any gift for contract or transaction manifestly and disadvantageous to
1 himself or another in consideration for securing or the same.
RA 3019, as amended
having secured any Government permit or license.
Elements
d) Accepting or having any member of his family accept
a De nition of Terms 1. that the accused is a public o cer;
employment in a private enterprise
a) Public o cer include elective and appointive o cials and 1) within one year after termination of o cial 2. that he entered into a contract or transaction on
employees, permanent or temporary, whether in the classi ed business therewith, OR behalf of the government; and
or unclassi ed or exempt service receiving compensation, even 3. that such contract or transaction is grossly and
2) which he has pending o cial business.
nominal, from the government. manifestly disadvantageous to the government.
e) Causing any undue injury to any party, including
b) Receiving any gift includes h) Directly or indirectly having pecuniary interest in any
Government, or giving any private party unwarranted
i) the act of accepting directly or indirectly a gift advantage in the discharge of the o cial functions, with business in connection with which he intervenes, or he is
manifest partiality, evident bad faith or gross prohibited.
ii) from a person other than a member of the public
o cer's immediate family, inexcusable negligence. Elements
iii) in behalf of himself or of any member of his family or Elements 1. that the accused is a public o cer;
relative within the fourth civil degree, either by 1. that the accused must be a public o cer 2. he has a direct or indirect nancial or pecuniary
consanguinity or a nity, discharging administrative, judicial, or o cial interest in any business, contract, or transaction;

o cials concerned but depends upon compliance

3. he either: Family relation shall include the spouse or relatives by
with requisites provided by law, or rules or regulations
consanguinity or a nity in the third civil degree.
a) intervenes or takes part in his o cial issued pursuant to law,
capacity in connection with such interest, The word "close personal relation" shall include close
4. nor to any act lawfully performed in an o cial
OR personal friendship, social and fraternal connections, and
capacity or in the exercise of a profession.
professional employment all giving rise to intimacy which
b) is prohibited from having such interest by
assures free access to such public o cer.
the Constitution or by law. e Exceptions
b) It shall be unlawful for any person knowingly to induce or
i) Directly or indirectly becoming interested, for personal Unsolicited gifts or
cause any public o cial to commit any of the o enses.
gain, or having material interest in any act requiring the
1) presents of small or insigni cant value
approval of a board, panel or group of which he is a
d Prohibition on Certain Relatives
member. 2) o ered or given as a mere ordinary token of gratitude or
a) It shall be unlawful for the spouse or for any relative, by friendship
j) Knowingly approving permits to unquali ed or not
legally entitled persons. consanguinity or a nity, within the third civil degree, of the 3) according to local customs or usage.
k) Divulging valuable, con dential info to unauthorized i) President,

NOTES
persons, or releasing same in advance. ii) the Vice-President,
1. Private individuals. Capitalizing or exploiting such relation
iii) the President of the Senate, or
by directly or indirectly requesting or receiving any gift from
c Prohibition on Private Individuals
iv) the Speaker of the House of Representatives, the person having transaction with Government.
a) It shall be unlawful for any person to intervene, directly or indirectly, in any business, transaction, 2. Relation with public o cers includes familial within 3rd
i) having family or close personal relation with any contract or application with the Government: degree, or a close personal one, i.e. social, fraternal,
public o cial Provided, That this shall NOT apply to any person who, employment.
ii) to capitalize or exploit or take advantage of such prior to the assumption of o ce of any of the above o cials, 3. Relatives. Prohibit relatives within 3rd degree of the four
family or close personal relation has been already dealing with the Government highest o cials from intervening in any business with the
1. along the same line of business, Government.
iii) by directly or indirectly requesting or receiving any
present, gift or material or pecuniary advantage 2. nor to any transaction, contract or application already EXC:
iv) from any other person having some business, existing or pending at the time of such assumption of 1) Already transacting prior to assumption of o ce;
transaction, application, request or contract with the public o ce,
2) Not within discretion of o cial;
government, 3. nor to any application led by him the approval of
3) O cial act or profession.
v) in which such public o cial has to intervene. which is not discretionary on the part of the o cial or

4. Congressmen. Receiving any pecuniary interest from business conspiracy with public o cers, may be indicted and, if found guilty,
1.4. The public o cer caused any undue injury to any
that bene ted from an act he had previously authored or held liable for the pertinent o enses under Section 3 of RA 3019, in
party, including the Government, or gave any
adopted by Congress in that term. consonance with the avowed policy of the anti-graft law to repress
unwarranted bene ts, advantage or preference.
certain acts of public o cers and private persons alike constituting
5. SAL.The accuracy of the entries in SAL becomes material in
graft or corrupt practices act or which may lead thereto." 2. Here, Partisala deliberately acted with manifest partiality
criminal and administrative proceedings for violating Sec 7.
and bad faith when he, as the presiding o cer of the SB,
6. Prima facie evidence of and dismissal due to unexplained signed Exhibit "8" and persuaded the other sangguniang
wealth members to sign it, knowing fully well that there were
Estarija v. People
certain items not included nor discussed on the regular
Ground for admin suspension pending investigation.
Decisions of the RTC — convicting an accused who occupies a session.
7. Competent court. within original jurisdiction of position lower than that with salary grade 27 or those not
2.1. As a result thereof, Mondejar was given the
Sandiganbayan (SB) otherwise covered by the enumeration of certain public o cers in
authority to enter into a MOA with IBC with
8. RA 10910 which lapsed into law on July 21, 2016, now Section 4 of PD 1606 as amended by RA 8249 — are to be
respect to the rechanneling of Tigum River, which
provides that the prescription period for crimes punished appealed exclusively to the Sandiganbayan. was grossly disadvantageous to the government.
under RA 3019 is 20 years. Because of Estarija's failure to perfect his appeal to the 2.2. IBC was given unwarranted bene ts, advantage, or
9. Termination of Office. Not allowed to resign, retire pending Sandiganbayan within the period granted therefor, the Decision of preference by virtue of the MOA.
investigation or prosecution for any o ense under this Act or the RTC convicting him of violating Section 3(a) of Republic Act
No. 3019 has thus become nal and executory. 2.3. As per Section 138 of the LGC, the permit to
for bribery.
extract sand, gravel, and other quarry resources
10. Suspension and loss of benefits. O cer with pending shall be issued exclusively by the provincial
prosecution shall be suspended by RTC (now SB). If governor, by virtue of an ordinance of the
convicted, shall lose all retirement or gratuity bene ts. If People v. Partisala 25 Apr 2022
sangguniang panlalawigan.
acquitted, shall be reinstated with salaries and bene ts which 1. Ampil v. Office of the Ombudsman speci ed the following
he failed to receive while being suspended. If convicted o cer See Criminal Law Case Digest No. 3
elements of the o ense falling under Section 3 (e) of RA
already received such bene ts he shall restitute same. 3019:
11. Maximum of 90 days. — Dismissal of case != to acquittal. 1.1. The o ender is a public o cer; People v. Enojo 6 Apr 2022
12. Exception. Gifts of insigni cant value or as ordinary token of 1.2. The act was done in the discharge of the public
gratitude or friendship according to local customs or usage. 1. The prosecution failed to prove beyond reasonable doubt
o cer's o cial, administrative judicial functions;
all the elements of Section 3(a) of RA 3019 under which
1.3. The act was done through manifest partiality, Enojo was charged.
Canlas v. People 2020 reiterating Go v. Sandiganbayan
evident bad faith, or gross inexcusable negligence;
2. The elements of the crime are the following:
The well-settled rule is that "private persons, when acting in and

and proceeded to trial after entering his plea under the

2.1. the o ender is a public o cer; 6. As regard the second element, the Court cannot agree with
Amended Information, is now estopped from claiming,
the conclusion of the Sandiganbayan that Enojo had
2.2. the o ender persuades, induces, or in uences after his conviction, that the Amended Information is
persuaded or induced SPO4 Briones into sending the radio
another public o cer to perform an act, or the "vague," and that he was deprived of his constitutional right
message.
o ender allows himself to be persuaded, induced, to be informed of the nature and cause of the accusations
or in uenced to commit an act; and 7. While SPO4 Briones actually performed the act in against him.
question, he did so not because Atty. Enojo told him to,
2.3. the act performed by the other public o cer, or 4. The prosecution satisfactorily established that there was a
but because he believed that it was his o ce's SOP to
committed by the o ender, constitutes a violation failure of bidding, since at the time of the public bidding,
entertain and provide assistance to any person who comes
of rules and regulations duly promulgated by the accreditation of Europharma and Pharmawealth were
to the police for help.
competent authority, or an o ense in connection still suspended by the DOH.
with the o cial duty of the latter. 7.1. In other words, SPO4 Briones made the invitation
4.1. Consequently, only Mallix Drug is supposedly
on the mistaken belief that it was his duty to do so,
3. Here, the rst and third elements are present, but the quali ed.
which necessarily negates the presence of any
second element is not.
undue in uence. 5. Petitioner cannot take refuge on the claim that the
4. The circumstances show that Enojo's purpose of requesting transactions were under "Emergency Purchase" and thus a
8. Considering that the prosecution failed to prove beyond
SPO4 Briones to schedule a conference does not competitive bidding may be dispensed with.
reasonable doubt all the elements of Section 3 (a) of RA
correspond to any of the above duties of the PNP.
3019 under which Enojo was charged, an acquittal must 5.1. The transaction could not be characterized as
4.1. What Enojo actually wanted to accomplish was to therefore ensue. under an "emergency purchase" since the requisites
"extract information from Hughes, et al" with of Section 368 of the LGC were not present.
regard to his alleged ownership of a portion of Lot See Criminal Law Case Digest No. 5
6. Cabrera v. People elucidated on the two separate acts under
394.
the third element of Section 3 (e) of RA 3019
5. Section 3 (a) requires a deliberate intent on the part of the
Villanueva v. People 23 Feb 2022 6.1. The rst punishable act is that the accused is said
public o cial concerned to violate those rules and
to have caused undue injury to the government or
regulations duly promulgated by competent authority, or 1. Villanueva was correctly found guilty under Section 3 (e) of
any party when the latter sustains actual loss or
to commit an o ense in connection with o cial duties. RA 3019. damage.
5.1. Both Enojo, with his presumed knowledge of the 2. Charge under Sec. 3 (e) of RA 3019 may be hinged from 6.2. The second punishable act is that the accused is
law as a lawyer, and SPO4 Briones, with his 20 acts also penalized under other provisions of law, and when said to have given unwarranted bene ts, advantage,
years of police experience, should have been well the acts or omissions complained of as constituting the or preference to a private party.
apprised of the boundaries of police authority in o ense are alleged in the Information, conviction is proper.
the settlement of civil disputes. 7. Here, petitioner is liable under Sec. 3 (e) of RA 3019
3. The petitioner, when he allowed himself to be arraigned notwithstanding the absence of actual damage or injury to

the government or its instrumentalities. See Criminal Law Case Digest No. 22
2. The elements of Section 3(a) of RA 3019 are:
8. People v. Go has reiterated a private person's liability on
2.1. The o ender is a public o cer;
graft and corrupt practices.
2.2. The o ender Anti-Plunder Act
8.1. Here, petitioner's participation in the bidding and 2
2.2.1. persuades, induces or in uences another RA 7080, as amended by RA 7659
his acceptance of the bid award, despite the
overwhelming de ciencies in the bidding process, public o cer to perform an act or
which he must be familiar with considering his 2.2.2. allows himself to be persuaded, induced, a De nition of Terms
record as a supplier of medicines, demonstrated his or in uenced to commit an act;
conspiracy with his co-accused public o cers. Ill-gotten wealth
2.3. The act performed by the other public o cer or
Any asset, property, business enterprise or material possession
9. Notably, petitioner was not only the general manager and committed by the o ender constitutes a violation
acquired directly or indirectly through dummies, nominees,
the owner of the 99% capital stock of Europharma but also of rules and regulations duly promulgated by
agents, subordinates and/or business associates by any
the sole proprietor of Mallix Drug. competent authority or an o ense in connection
combination or series of the following:
9.1. The foregoing thus display that the two with the o cial duty of the latter.
"companies" owned by petitioner which 1) Through misappropriation, conversion, misuse, or
3. In reference to the second mode of Section 3(a) of RA
participated in the defective bidding were "alter malversation of public funds or raids on the public
3019, it is immaterial whether the one who induced him
egos" of each other and of petitioner's. treasury;
was likewise a public o cer or a private individual.
10. Hence, the piercing of the veil of Europharma's corporate 2) By receiving, directly or indirectly, any commission, gift,
4. The Sandiganbayan aptly held that Atty. Rupisan took
ction was proper. share, percentage, kickbacks or any other form of
advantage of his position as Provincial Legal O cer to exert
pecuniary bene t from any person and/or entity in
11. In all, petitioner acted in connivance with his co-accused in uence on Marzan as a jail o cer.
connection with any government contract or project or by
public o cials by participating in the awed bidding 5. Marzan, as a jail o cer, should know the import of BJMP reason of the o ce or position of the public o cer
resulting in unwarranted bene ts and advantages to his Manual, in particular Section 2(d) of Article 13 thereof. It concerned;
favor, in stark violation of Section 3 (e) of RA 3019. was his duty to apply this provision despite the in uence
3) By the illegal or fraudulent conveyance or disposition of
exerted by Atty. Rupisan.
See Criminal Law Case Digest No. 16 assets belonging to the Government;
5.1. The release of an inmate by reason of acquittal,
4) By obtaining, receiving or accepting directly or indirectly
dismissal of case, payment of nes and/or
any shares of stock, equity or any other form of interest or
Marzan v. People 11 Oct 2021 indemnity or ling of bond, shall only be given
participation including promise of future employment in
e ect upon receipt of the Release Order.
1. Atty. Rupisan unlawfully issued the Recognizance and any business enterprise or undertaking;
6. Thus, all the elements of the o ense under Section 3(a) of
consequently caused the release of both Cyrus and Pascua.
RA 3019 were established.

5) By establishing agricultural, industrial or commercial Macapagal-Arroyo v. People 2017 En Banc be identi ed as the one who amassed, acquired or accumulated
monopolies or other combinations and/or ill-gotten wealth because it plainly states that plunder is
"Combination," was explained in Estrada v. Sandiganbayan to
implementation of decrees and orders intended to bene t committed by any public o cer who, by himself or in connivance
refer to "at least any two di erent predicate acts in any of said items"
particular persons or special interests; or with members of his family, relatives by a nity or consanguinity,
in Section 1(d).
business associates, subordinates or other persons, amasses,
6) By taking undue advantage of o cial position, authority,
"Series" was explained as synonymous to “on several instances” or a accumulates or acquires ill-gotten wealth in the aggregate amount or
relationship, connection or in uence to unjustly enrich
himself or themselves at the expense and to the damage
"repetition of the same predicate act in any of the items in Section total value of at least P50M through a combination or series of
1(d) of the law." overt criminal acts.
and prejudice of the Filipino people and the Republic of
the Philippines. The "overt or criminal acts described in Section 1(d)" are the Surely, the law requires in the criminal charge for plunder against
following: several individuals that there must be a main plunderer and her
b De nition of Crime of Plunder 1. Misappropriating, converting, misusing, or malversing co-conspirators. In other words, the allegation of the wheel
public funds; or raiding on the public treasury; conspiracy or express conspiracy in the information was
Elements appropriate because the main plunderer would then be identi ed in
1) O ender is a public o cer; 2. Receiving any commission or kickbacks from a government
either manner. Of course, implied conspiracy could also identify the
contract or project, or by reason of one's o ce or position;
2) Committed a series of overt acts; main plunderer, but that fact must be properly alleged and duly
3. Fraudulently disposing government assets; proven by the Prosecution.
3) By himself or in connivance with relatives and/or cronies;
4. Obtaining any interest or participating m any business
4) Of which he has amassed a wealth of at least Php50M; undertaking;
5) Which are deemed ill-gotten. Dichaves v. Ombudsman 2016
5. Establishing monopolies or implementing decrees that
Prescription bene t particular persons or interests; and The O ce of the Ombudsman correctly found probable cause to
6. Taking undue advantage of one's o cial position or charge petitioner with plunder in conspiracy with the former
Plunder prescribes in 20 years. However, the right of the State
in uence to enrich oneself at the expense of the People and President. Thus:
to recover properties unlawfully acquired by public o cers from
them or from their nominees or transferees shall not be barred by the Republic. The evidence indicates that the former President exerted
prescription, laches, or estoppel. in uence over Arellano and Pascual to push through with the
d Pattern transactions, and that the transactions pushed through under
c Series and Combination that condition that the commission or pro t would be given to
the former President; that it was Dichaves who orchestrated the
There is no need to prove beyond reasonable doubt each of the consummation of the transactions and received from Ocier the
Macapagal-Arroyo v. People 2017 En Banc
alleged act. What is important is to prove a series of pattern that check representing the commission; and that Dichaves
led to the accumulation of at least Php50M in ill-gotten wealth. The law on plunder requires that a particular public o cer must deposited the check to the "JOSE VELARDE" account which

was shown to be that of the former President. Abortion 3) Deceased is:
Duel a) the father mother, or child, regardless of legitimacy; or
Prohibition of Child Marriage Law Physical Injuries

b) a legitimate other ascendant, descendant or spouse of
3 accused.
RA 11596
Mutilation The law does not require knowledge of relationship.
a Facilitation of Child Marriage by Public O cer Rape Death or physical injuries under exceptional
247
1) If a public o cer circumstances
Anti-Tra cking in Persons Act of 2003
a) causes, xes, facilitates, or arranges a child 1) A legally married person or a parent surprises his spouse
marriage; Anti-Violence Against Women and Their Children Act or his daughter, the latter under 18 years of age and living
of 2004 with him, in the act of committing sexual intercourse
b) produces, prints, issues and/or distributes fraudulent
with another.
or tampered documents such as birth certi cates,
Anti-Child Pornography Act of 2009
a davits of delayed registration of birth and/or 2) He or she kills, or in icts any serious physical injuries upon
foundling certi cates for the purpose of Special Protection of Children Against Child Abuse, any or both, in the act or immediately thereafter.
misrepresenting the age of a child to facilitate child
Exploitation, and Discrimination Act 3) He has not promoted or facilitated the prostitution of his
marriage or evade liability under this Act
wife or daughter, nor has consented to the in delity of the
shall be Prohibition of Child Marriage Law spouse.
1. dismissed from the service and 248 Murder
An Act Providing for Stronger Protection Against
2. may be perpetually disquali ed from holding Rape and Sexual Exploitation and Abuse, Increasing
o ce, at the discretion of the courts. the Age for Determining the Commission of Statutory Any of the following aggravating circumstances are present
Rape 1) Treachery (16), taking advantage of superior strength (15),
H Crimes Against Persons with the aid of armed men (8), or employing means to
weaken the defense (15), or of means or persons to insure or
Destruction of Life
Parricide a ord immunity (8);
Murder 246 Parricide 2) In consideration of a price, reward, or promise (11);
1) A person is killed; 3) By means of inundation, re, poison, explosion, shipwreck,

Homicide
stranding of a vessel, derailment or assault upon a railroad,
2) Deceased is killed by the accused; fall of an airship (12), by means of motor vehicles, or with

the use of great waste and ruin (20);

2. Intent to kill is conclusively presumed when death resulted. (US 4) Those that have used violence upon the o ended party are
4) On occasion of any of the preceding, or of an earthquake, v Gloria) known.
eruption of a volcano, destructive cyclone, epidemic or other
public calamity (7); 251 Death caused in a tumultuous a ray 253 Giving assistance to suicide
5) Evident premeditation (13); 1) There be several persons; 1) By assisting another to commit suicide, whether it is
consummated (PM) or not (AMay med-max);
6) With cruelty (21), by deliberately and inhumanly 2) Did not compose groups organized for the common
augmenting the su ering of the victim, or outraging or purpose of assaulting and attacking each other reciprocally; 2) By lending his assistance to another to commit suicide to the
sco ng at his person or corpse (not in Art 14). extent of doing the killing himself (RT).
3) Quarreled and assaulted one another in a confused and
tumultuous manner; 254 Discharge of rearms
Rules for the application of circumstances to qualify murder 4) Someone was killed;
1) Discharges a rearm against or at another;
a) Only one of the circumstances required; others considered as 5) It cannot be ascertained who actually killed the deceased;
generic aggravating; 2) No intention to kill.
6) Those who in icted serious physical injuries or who used
b) When the other circumstances are absorbed or included in violence: 255 Infanticide
the one that quali es, they cannot be considered as generic
aggravating; a) can be identi ed. - PM; 1) Child was killed;
c) Any of the qualifying circumstances must be alleged. b) cannot be determined - PC med-max. 2) Less than 72 hours of age;
Otherwise, the crime is only homicide with the qualifying 3) Accused killed the child.
only considered as generic aggravating. NOTES
1. Tumultuous a ray exists when at least four persons took part; NOTES
249 Homicide
2. The person killed in the course of the a ray need not be one of 1. Penalty is same as that for parricide or murder.
1) A person was killed; the participants in said a ray.
2. Concealing dishonor mitigates liability for the mother (PM
2) Without any justifying circumstance; 252 Physical injuries in icted in a tumultuous a ray med-max) and maternal grandparents (RT).
3) With intention to kill, which is presumed;
1) There is a tumultuous a ray; Abortion
4) Not murder, parricide, nor infanticide.
2) There are those who su ered serious or less serious 256 Intentional abortion
physical injuries only;
NOTES
3) Those responsible can not be identi ed;
1. When victim is under 12 years of age: RP (Sec 10 RA 7610);

Acts punished Acts punished beverages or by taking advantage of his weakness of mind or
credulity.
1) Using violence against a pregnant woman (RT). 1) Castration - depriving another, either totally or partially,
of some essential organ for reproduction. 3) No intent to kill.
2) Without violence and without consent of the woman (PM).
3) With consent (PC med-max). a) There is mutilation of penis or ovarium. 265 Less serious physical injuries
Elements b) It was purposeful and deliberate, to deprive the

1) Incapacitated for labor for 10-30 days; or needs medical
o ended party of reproducing.
1) There is a pregnant woman; attendance for same period.
2) Mayhem - lopping or clipping o any other part of the
2) Violence exerted, or drugs or beverages administered, or 2) Injuries not those described in Art 263-264.
body.
acts upon the woman;
266 Slight physical injuries and maltreatment
3) As a result, fetus dies; 263 Serious physical injuries
1) Incapacitated o ended party for labor from 1-9 days, or
4) Abortion is intended. If in consequence of the physical injuries inflicted, injured
required medical attendance during same period; (AMen)
person shall:
257 Unintentional abortion 2) Did not prevent o ended party from his habitual work or
1) become insane, imbecile, impotent or blind
did not require medical attendance. (AMen or Fine <=200
1) There is a pregnant woman;
2) have lost the use of speech or the power to hear or to and Censure);
2) Violence is used without intending an abortion; smell, an eye, a hand, a foot, an arm, or a leg, or lost the
3) Ill-treatment of another by deed without causing any injury.
3) Violence intentionally exerted; use of any such principal member, or have become
(AMen min or Fine <=50)
incapacitated for the work he was habitually engaged.
4) Fetus dies. Rape
3) have become deformed, or have lost any other body part,
266-A Rape by sexual intercourse (Ordinary)
260 Duel or the use thereof, or have been ill or incapacitated to
perform the work he was habitually engaged in for Penalty is RP when:
1) Killing one's adversary in a duel; (RT) more than 90 days.
1) O ender is ANY person;
2) In icting physical injuries upon such adversary; (Penalty 4) have become ill or incapacitated for labor for more than
according to the nature) 30 days. 2) Had carnal knowledge with ANOTHER person;
3) Making combat although no physical injuries have been 3) Accomplished

264 Administering injurious substances or beverages
in icted. (AMay) a) using force, threat or intimidation;
1) O ender in icted upon another any serious physical
Physical Injuries injury;
b) when the o ended party is deprived of reason, or
unconscious;
262 Mutilation 2) By knowingly administering any injurious substances or

c) through fraudulent machination or grave abuse of h) permanent mutilation/disability; d) special complex crime of rape with homicide. RP
authority; AND
i) o ender knows victim is pregnant; e) any of the 10 qualifying of par 1. RT
d) when o ended party is under 16 years of age j) o ender knows victim has mental disability,
(statutory rape) or demented. emotional disorder and/or physical handicap. NOTES RE RAPE
Penalty is RP to Death when: 1. Indemnity and Damages
266-A Rape through sexual assault (Object)
1) with the use of a deadly weapon or by at least 2 persons; a. Civil indemnity is mandatory. (Pp v. Lascano)
Penalty is PM
2) the victim has become insane; b. If quali ed, increased to not less than P75K, (Pp v. Victor)
1) O ender commits sexual assault;
3) special complex crime of attempted rape with homicide; c. In rape with homicide: P100K as civil indemnity + P75K as
2) Committed by inserting
Penalty is Death when: moral + P25K as temperate + P100K as exemplary damages.
a) his penis into another's mouth or anus; or (Pp v. Cumimba)
1) special complex crime of rape with homicide.
b) any instrument or object into the genital or anal d. Award of moral damages, automatic. Exemplary damages
2) with any of the following:
ori ce. justi ed under Art 2230 of Civil Code if there is an
a) victim is minor and the o ender is a parent, ascendant, aggravating circumstance. (Pp v. Lucena)
3) Accomplished
step-parent, guardian, relative within the 3rd civil
2. Is resistance by the victim required to prove lack of consent
degree, or the common law spouse of the parent. a) using force or intimidation;
to the rape? Any physical overt act manifesting resistance against
b) under the custody of the police, military or any law b) when the woman is deprived of reason, or the rape in any degree from the victim is admissible as evidence of
enforcement agency or penal institution. unconscious; lack of consent. Tenacious resistance, however, is not required.
c) in full view of the spouse, parent, child, or other c) through fraudulent machination or grave abuse Neither is a determined and persistent physical struggle on the part
relatives within the 3rd degree of consanguinity. of authority; or when woman is under 12 years of of the victim necessary. (Pp v. Gondaway)
age or demented. 3. Force as an element of rape need not be irresistible; it need but
d) o ender knows victim as religious;
Qualified be present. Intimidation must be viewed in light of the victim’s
e) victim is below 7 years old; perception and judgment at the time of the commission of the
a) with the use of a deadly weapon or by at least 2 persons; PM
f) o ender knows he has HIV/AIDS or other STD and crime and not by any hard and fast rule.
to RT
transmits to victim; 4. Intimidation includes the moral kind as the fear caused by
b) the victim has become insane; RT
g) o ender belongs to AFP, PNP, para-military, other law threatening the girl with a knife or pistol. (Pp v. Frias)
enforcement agency or penal institution and takes c) special complex crime of attempted rape with homicide; RT
5. The victim’s moral character is immaterial, there being absolutely
advantage of position. to RP
no nexus between it and the odious deed committed. Even a
prostitute or a woman of loose morals can be the victim of rape,

for she can still refuse a man’s lustful advances. (Pp v. Agsaoay)
clothed and that there was no attempt on his part to undress Malou, Parcia, we held that the absence of sperm does not disprove the
6. Evidence which may be accepted in the prosecution of rape let alone touch her private part. For what reason petitioner wanted charge of rape. Likewise, in People v. Regala, we ruled that an
the complainant unconscious, if that was really his immediate intact hymen does not necessarily prove absence of sexual
a) any physical overt act manifesting resistance against the act of
intention, is anybody's guess. intercourse.
rape in any degree from the o ended party; or
b) where the o ended party is so situated as to render him/her
incapable of giving consent. Perez v. CA People v. Lining
Ricalde v. People 2015 Perez was found guilty of attempted rape. However, a careful RTC found Gerry Lining guilty beyond reasonable doubt for the
review of the records of the case shows that the crime committed by crime of forcible abduction with rape, and for another count
Rape under the second paragraph of Article 266-A is also known as petitioner was acts of lasciviousness not attempted rape. of rape.
“instrument or object rape,” “gender-free rape,” or “homosexual
There is no showing in this case that petitioner’s sexual organ had The medical nding that the victim was already a non-virgin, nor
rape.” The gravamen of rape through sexual assault is “the
even touched complainant’s vagina nor any part of her body. the fact that she had sexual relations before, would not matter. Even
insertion of the penis into another person’s mouth or anal ori ce, or
Although the information led against petitioner was for a woman of loose morals could still be a victim of rape, for the
any instrument or object, into another person’s genital or anal
attempted rape, he can be convicted of acts of lasciviousness essence of rape is the carnal knowledge of a woman against her will
ori ce.”
because the crime of acts of lasciviousness is included in rape. and without her consent.
In People v. Soria, the court discussed that a victim need not
Nevertheless, accused-appellant could only be convicted for the
identify what was inserted into his or her genital or anal ori ce for
crime of rape, instead of the complex crime of forcible abduction
the court to nd that rape through sexual assault was committed. People v. Aca-ac with rape. Indeed, it would appear from the records that the main
Necessarily, rape is attempted if there is no penetration of the objective of the accused when the victim was taken to the house of
female organ because not all acts of execution were performed. The Mila Salvacion was to rape her. Hence, forcible abduction is
Baleros v. People
o ender merely commenced the commission of a felony directly by absorbed in the crime of rape.
Whether or not the act of the petitioner, i.e., the pressing of a overt acts. Taking into account the nature, elements, and manner of
chemical-soaked cloth while on top of Malou, constitutes an overt act of execution of the crime of rape and jurisprudence on the matter, it is
rape. hardly conceivable how the frustrated stage in rape can ever be People v. Monticalvo 2013
NO. It would be too strained to construe petitioner's act of pressing committed.
A mental retardate can be classi ed as a person “deprived of
a chemical-soaked cloth in the mouth of Malou which would induce reason,” not one who is “demented” and carnal knowledge of a
her to sleep as an overt act that will logically and necessarily ripen mental retardate is considered rape under subparagraph (b), not
into rape. As it were, petitioner did not commence at all the People v. Dalisay subparagraph (d) of Article 266-A(1) of the RPC.
performance of any act indicative of an intent or attempt to rape
The presence of either hymenal laceration or spermatozoa on Nonetheless, the mistake would not exonerate appellant.
Malou. It cannot be overemphasized that petitioner was fully
Lanie's private part is not an essential element of rape. In People v.

In People v. Dalandas, citing People v. Dumanon, this Court 4.2. that the o ended party is under 12 years of age. 2.2.1. through the use of force or intimidation,
held that mental retardation can be proven by evidence other than or
5. Moreover, the penalty to be imposed is death when one of
medical/clinical evidence, such as the testimony of witnesses and
the aggravating or qualifying circumstances is present. 2.2.2. when the victim is deprived of reason or
even the observation by the trial court.
otherwise unconscious, or
5.1. Here, AAA is under 18 years of age and the
o ender is her parent. 2.2.3. when the victim is under 12 years of age
People v. YYY 2018 re Rape or is demented.
6. O cer Ebdane's ndings of the absence of laceration or
injury in AAA's genitalia is not fatal to the prosecution. 3. The elements of the second mode of rape are as follows:
A medico-legal report is NOT indispensable in rape cases as it
is merely corroborative in nature. Thus, even without it, an 6.1. It is settled that a medical report is dispensable in 3.1. the accused committed an act of sexual assault by
accused may still be convicted on the sole basis of the testimony of proving the commission of rape.
3.1.1. inserting his penis into another person's
the victim. As such, the credibility of the witness should be assessed 7. As to the presence of the qualifying circumstance, the mouth or anal ori ce, or
independently regardless of the presence or absence of a father-daughter relationship between XXX and AAA was
medico-legal report. Trial courts are expected to scrutinize the 3.1.2. inserting any instrument or object into
also established through the latter's Certi cate of Live
victim's testimony with great caution, with or without a the genital or anal ori ce of another
Birth.
medico-legal report to corroborate the same. person; and
See Criminal Law Case Digest No. 4 3.2. the act was accomplished
3.2.1. through the use of force or intimidation,
People v. XXX 18 Apr 2022 or
People v. XXX 28 Feb 2022
1. The Court a rms the conviction of XXX for three counts 3.2.2. when the victim is deprived of reason or
of Quali ed Statutory Rape. 1. There are two modes of committing Rape: otherwise unconscious, or
2. This Court reiterates that inconsistencies on one's 1.1. Rape through sexual intercourse as provided in 3.2.3. when the victim is under 12 years of age
testimony will only result to reasonable doubt when the paragraph one; and or is demented.
detail pertains to an essential element of the crime or to the 1.2. Rape through sexual assault as provided in 4. The Court a rms the RTC's assessment of the witness,
identity of the o ender. paragraph two. AAA, regarding the narration of the events that transpired
3. People v. Nocido clari ed that minor inconsistencies may 2. The elements of rape under paragraph one are as follows: during those three nights.
even work to enhance the credibility of a witness.
2.1. the accused had carnal knowledge of the victim; 4.1. Further, AAA's account was corroborated by the
4. Statutory Rape has the following elements: and medico-legal report issued by PSI Ebdane.
4.1. that a man had carnal knowledge of a woman; and 2.2. the act was accomplished 5. However, the Court deems it necessary to correct the

nomenclature of the crimes charged and to impose the

1.3. the evidence for the prosecution stands or falls on 1.4. the victim is under [18] years of age at the time of
proper penalties.
its own merits and cannot be allowed to draw the rape;
5.1. If the victim is 12 years old and under 18 years old, strength from the weakness of the defense.
1.5. the o ender is a parent (whether legitimate,
and the acts committed fall under rape through
2. Here, the elements of Statutory Rape were duly established. illegitimate or adopted) of the victim.
sexual assault under the RPC, the proper
nomenclature is "Lascivious Conduct under 3. However, contrary to the nding of the CA, the special 2. It cannot be considered that appellant was deprived of his
Section 5 (b) of RA 7610." qualifying circumstance of relationship was su ciently constitutional right to be informed of the nature and cause
alleged in the Information. of the accusation against him.
5.1.1. The imposable penalty is reclusion
temporal in its medium period to reclusion 4. If the o ender is merely a relation — not a parent, 3. Objections as to the form of the complaint or information
perpetua. ascendant, step-parent, or guardian or common-law spouse cannot be made for the rst time on appeal. If appellant
of the mother of the victim — it must be alleged in the found the Information insu cient, he should have moved
5.2. As for Rape through sexual intercourse, and the
information that he is a relative by consanguinity or a nity before arraignment either
victim is 12 years old and under 18 years old,
within the third civil degree.
People v. Tulagan again instructs that the proper 3.1. for a bill of particulars, for him to be properly
nomenclature is "Rape under Article 266-A (1) in 4.1. The allegation that XXX is the uncle of AAA, and informed of the exact date of the alleged rape; or
relation to Article 266-B of the RPC," and the a brother of AAA's father, without speci cally
3.2. for the quashal of the Information, on the ground
imposable penalty is reclusion perpetua. alleging that such relationship was within the third
that it did not conform with the prescribed form.
civil degree, is speci c enough to satisfy the special
See Criminal Law Case Digest No. 11 qualifying circumstance of relationship. 4. As appellant failed to pursue either remedy, he is deemed to
have waived objection to any formal defect in the
5. Hence, XXX can be properly convicted of Quali ed Rape.
Information.
People v. XXX 28 Feb 2022 See Criminal Law Case Digest No. 12 5. As to the alleged inconsistencies in AAA's testimony, People
v. Lagbo explained that courts expect minor inconsistencies
1. In the review of rape cases, We continue to be guided by the
when a child-victim narrates the details of a harrowing
following principles:
People v. ZZZ 28 Apr 2021 experience like rape.
1.1. an accusation for rape can be made with facility, it
1. The date of commission is not even an element of the crime 5.1. Such inconsistencies on minor details are in fact
is di cult to prove but more di cult for the
of rape which elements are: badges of truth, candidness and the fact that the
person accused, though innocent, to disprove;
witness is unrehearsed.
1.2. in view of the nature of the crime of rape where 1.1. sexual congress;
5.2. These discrepancies as to minor matters, irrelevant
only two persons are usually involved, the 1.2. with a woman;
to the elements of the crime, cannot, thus, be
testimony of the complainant is scrutinized with
1.3. done by force and without consent; considered a ground for acquittal.
extreme caution; and

or is demented, the nomenclature of the o ense should prosecution of a rape case, and no law requires a
6. As to ZZZ allegedly unable to have an erection due to old
now be 'Sexual Assault under paragraph 2, Article 266-A of medical examination for the successful prosecution
age, he did not present documentary evidence such as a
the RPC in relation to Section 5(b) of R.A. No. 7610.' of the case, the medical examination conducted
medical certi cate attesting to the physical impossibility of
and the medical certi cate issued are veritable
his having an erection and incapacity of raping AAA. 5. In order to qualify the rape charge, the victim's minority
corroborative pieces of evidence, which strongly
AND her relationship with the o ender should BOTH be
See Criminal Law Case Digest No. 30 bolster the victim's testimony.
alleged in the Information and proven beyond reasonable
doubt during trial. 3. As a rule, courts view unfavorably a davits of desistance or
a recantation of a victim's testimony, especially in rape
6. Since both the qualifying circumstances of minority and
People v. XXX 07 Dec 2020 cases, since they can be easily obtained for monetary
relationship were properly pleaded and proved during trial,
1. Absent any indication that the RTC and the CA consideration or through intimidation.
the CA correctly convicted XXX of Quali ed Rape under
committed any error in the evaluation of the evidence, the paragraph 1(d) of Article 266-A in relation to Article 266-B 3.1. Here, ve years had passed from the time she
Court sees no reason to deviate from the factual ndings of the RPC. testi ed against him to the time she recanted her
that XXX sexually assaulted and had carnal knowledge of testimony.
7. The CA correctly a rmed the penalty of reclusion
AAA.
perpetua in light of the prohibition on the imposition of 3.2. This long passage of time renders suspect her
2. Anent the qualifying circumstances of minority and the death penalty as mandated by RA 9346, without execution of the a davit.
relationship, we nd the same to have been satisfactorily eligibility for parole.
4. Thus, the prosecution has proven beyond reasonable
alleged in the Informations and established during the trial.
See Criminal Law Case Digest No. 38 doubt, that indeed, accused-appellant is guilty of the crime
2.1. AAA was a minor when the felonies were of Rape.
committed against her, as con rmed by her birth
5. The designation of the crime committed by
certi cate.
People v. XXX 16 Nov 2020 accused-appellant, however, must be corrected.
2.2. XXX was the common-law spouse of BBB, AAA's
1. Here, the foregoing elements are all present. 5.1. XXX is liable for one count of Rape under Article
mother.
266, Paragraph 1(a) of the RPC.
1.1. The victim testi ed that XXX had sexual
3. Based on the facts, and as found by both the RTC and the
intercourse with her, against her will, while 6. Article 266-B of the RPC provides that "whenever the rape
CA, XXX forced AAA to perform fellatio on him by
pointing a bladed weapon at her neck. is committed with the use of a deadly weapon or by two or
placing his penis inside her mouth.
more persons, the penalty shall be reclusion perpetua to
2. The victim's detailed and straightforward testimony was
3.1. XXX should be adjudged guilty of Rape by Sexual death".
likewise corroborated by the medical ndings.
Assault under the RPC.
6.1. In view of XXX's use of a bladed weapon in the
2.1. Settled is the rule that while a medical examination
4. People v. Tulagan held that if the acts constituting sexual commission of the crime, he should su er the
of the victim is not indispensable in the
assault are committed against a victim under 12 years of age penalty of reclusion perpetua under Article 266-B

of the RPC since such use of the bladed weapon

2.3. done by force and without consent 2.1. Her testimony was substantiated by Dr. Guzman,
was alleged in the Information and su ciently
who, after conducting her medical examination
proven during trial. 2.4. the victim is under [eighteen] years of age at the
just a day after the rape, reported that private
time of the rape; and
7. The CA and the trial court correctly disregarded the complainant had hymenal lacerations.
qualifying circumstance of XXX's relationship to the 2.5. the o ender is a parent (whether legitimate,
3. There is no standard form of behavior for a rape victim,
victim as her mother's live-in partner since this illegitimate or adopted) of the victim.
more so for a minor such as private complainant, who was
circumstance was not alleged in the Information, although 3. Here, AAA was below eighteen years old when the crime just eight (8) years old and who was under the moral
it was proven during trial. was committed against her. ascendancy of accused-appellant, a distant relative who she
8. The rule is that in order for an accused to be convicted of 3.1. XXX, who admitted that he is AAA's father, considers her lolo or grandfather.
quali ed rape, the Information must allege sexually took advantage of her without her 4. Pursuant to People v. Tulagan, accused-appellant should be
8.1. that the victim is under eighteen (18) years of age consent. criminally held liable for Statutory Rape de ned under
at the time of rape AND 3.2. When the o ender is the victim's father, as in this Article 266-A, Paragraph 1(d) penalized under Article
case, there need not be actual force, threat or 266-B of the RPC.
8.2. the accused is the victim's parent, ascendant,
step-parent, guardian, or relative by consanguinity intimidation because when a father commits the 4.1. The correlation to RA 7610 is deleted.
or a nity within the third civil degree, or odious crime of rape against his own daughter,
common-law spouse of the victim's parent. who was also a minor at the time of the See Criminal Law Case Digest No. 43
commission of the o enses, his moral ascendancy
See Criminal Law Case Digest No. 40 or in uence over the latter substitutes for violence
and intimidation. People v. ZZZ 14 Oct 2020
See Criminal Law Case Digest No. 42 1. ZZZ is guilty of two (2) counts of Rape under Art 266-A,
People v. XXX 09 Nov 2020
par 1(a), and one (1) count of Statutory Rape ned under
1. Rape shall be quali ed and the death penalty shall be Art 266-A, par 1(d) of the RPC, as amended by RA 8353.
imposed under paragraph 1 of Article 266-B of the RPC if People v. XXX 04 Nov 2020 2. ZZZ miserably failed to overturn the burden of evidence
it is committed by a parent against his child who is below against him. His defenses were threefold: denial, alibi, and
eighteen (18) years old. 1. Sexual congress with a girl under 12 years old is
imputation of ill motive against the victim.
always rape.
2. The elements of Quali ed Rape are: 3. ZZZ cannot escape culpability by highlighting AAA's
2. Here, AAA positively identi ed accused-appellant and
2.1. sexual congress; intimate relationship with her boyfriend.
candidly testi ed that he undressed her, laid her down on
2.2. with a woman; the oor, and inserted his penis into her vagina. 3.1. Premarital relationships do not necessarily entail
sexual intimacy.

victim's testimony that she felt pain. graver o ense of Sexual Assault under Article 266-A(2) of
3.2. Neither can the sexual behavior of a rape victim
the RPC, as amended, in relation to Section 5(b) of RA
reverse her violator's criminal culpability. 2. The results of AAA's physical examination which was
7610.
conducted on the very same day that the rape incident
3.3. Romantic a airs voluntarily engaged into by a rape
happened corroborates her testimony that she was sexually 2. The lower courts found Pueyo criminally liable under
victim, whether before, during, or after the rape
molested by the appellant. Section 10(a), RA 7610, which require the following
incident, will not overwrite the established fact
elements:
that her violator forcibly obtained carnal 3. Mental retardation can be proven by evidence other than
knowledge of her without her consent. medical/clinical evidence, such as the testimony of 2.1. AAA's minority;
witnesses and even the observation by the trial court.
4. The designation of the crimes committed by ZZZ, 2.2. the acts constituting physical abuse committed by
however, must be corrected. 3.1. However, the conviction of an accused of rape Pueyo against AAA; and
based on the mental retardation of the victim must
4.1. Sexual intercourse with a victim who is under 12 2.3. the fact that the said acts are clearly punishable
be anchored on proof beyond reason able doubt of
years old, as de ned under Article 266-A, under RA 7610.
the same.
Paragraph 1(d) of the RPC, is Statutory Rape.
3. The following are the elements of statutory rape by sexual
4. Here, AAA is a mental retardate.
4.2. ZZZ is liable for two counts of Rape de ned in Art assault as de ned under Article 266-A(2) of the RPC and
266, par 1(a) of the RPC and one count of 4.1. The social worker who conducted the case study, established by jurisprudence:
Statutory Rape under Art 266, par 1(d) of the testi ed that AAA su ered from typhoid fever that
3.1. That the o ender commits an act of sexual assault;
RPC. a ected her mental development.
3.2. That the act of sexual assault is committed by any
See Criminal Law Case Digest No. 45 4.2. Catig even admitted that he knew of AAA's
of the following means:
mental state.
3.2.1. By inserting his penis into another
5. However, although it was proven and admitted during trial
person's mouth or anal ori ce; or
People v. Catig 11 Mar 2020 that appellant knew of AAA's mental retardation, the same
cannot be appreciated as a qualifying circumstance for it 3.2.2. By inserting any instrument or object into
1. Although AAA did not describe the incident of rape in the genital or anal ori ce of another
was not speci cally alleged in the Information that he was
more detail, it is apparent from her testimony that person;
aware of AAA's mental retardation.
appellant was successful in having carnal knowledge of her.
3.3. That the act of sexual assault is accomplished
1.1. She is not expected to provide a detailed account of See Criminal Law Case Digest No. 50
under any of the following circumstances:
what transpired because of her mental handicap.
3.3.1. By using force and intimidation;
1.2. In cases where penetration was not fully
People v. Pueyo 26 Feb 2020 3.3.2. When the woman is deprived of reason or
established, the Court had consistently enunciated
otherwise unconscious; or
that rape was nevertheless consummated on the 1. Pueyo is instead guilty beyond reasonable doubt of the

3.3.3. By means of fraudulent machination or 7. Thus, the acts of Pueyo have been shown to fall within the 4. People v. Begino held that the qualifying circumstances
grave abuse of authority; or punitive purview of rape by sexual assault under Article must be properly pleaded in the indictment.
266-A(2) of the RPC in relation to Section 5(b) of RA
3.3.4. When the woman is under 12 years of age 4.1. If the same are not pleaded but proved, they shall
7610.
or demented. be considered only as aggravating circumstances.
4. People v. Dagsa sets the parameters in determining whether See Criminal Law Case Digest No. 52 5. De Guzman cannot be held liable for quali ed rape since
there is a violation of Section 5(b) of RA 7610, viz.: the prosecution failed to properly designate in the
Informations that De Guzman is actually BBB's
4.1. The accused commits the act of sexual intercourse
People v. De Guzman 27 Nov 2019 common-law husband, which was proven during the trial,
or lascivious conduct.
and not AAA's stepfather.
4.2. The said act is performed with a child exploited in 1. De Guzman is guilty instead of Simple Statutory Rape as
prostitution or subjected to other sexual abuse. the qualifying circumstance of relationship was not proven See Criminal Law Case Digest No. 56
beyond reasonable doubt.
4.3. The child, whether male or female, is below 18
years of age. 2. The minority of the victim and his or her relationship with
the o ender should both be alleged in the Information and People v. Eulalio 16 Oct 2019
5. Successful prosecutions for statutory rape charges falling
proven beyond reasonable doubt during trial in order to 1. It is enough that the age of the victim is proven and that
under Article 266-A(2) rely on only two requisites:
qualify the rape. there was sexual intercourse.
5.1. the victim is a child, male or female, under 12 years
3. Here, the prosecution failed to establish this 2. Here, Eulalio had carnal knowledge of AAA, an 11-year-old
of age, and
stepparent-stepdaughter relationship between De Guzman victim, by using threats and intimidation.
5.2. that the accused inserted any instrument or object and AAA.
into the genital or anal ori ce of the victim. 4. The Court is thus convinced that Eulalio is guilty of rape,
3.1. No proof of marriage was presented in order to speci cally, statutory rape.
6. In relation to Section 5(b) of RA 7610, the apparent establish De Guzman's legal relationship with
circumstances here t squarely as sexual assault: BBB, mother of AAA. 5. Also, Eulalio was properly convicted of acts of
lasciviousness, although charged with rape in the
6.1. AAA, 6 years young at the time of the incident, 3.2. De Guzman was actually the common-law spouse Information.
received a penetrating blow onto her vagina that of BBB as he was not legally married to her.
almost extended to her anus by a welding rod 5.1. He committed lewd acts upon AAA, who was
3.3. Since De Guzman's relationship with AAA as only 11 years old at the time, by kissing her using
wielded by Pueyo.
alleged in the Informations was not proven beyond threats and intimidation.
6.2. The severity of the genital injury in icted upon reasonable doubt, De Guzman cannot be
AAA cannot be more telling of Pueyo's abusive convicted of Quali ed Rape, only Simple 5.2. Following the variance doctrine enunciated under
intent. Statutory Rape and Simple Rape. Section 4 in relation to Section 5 of Rule 120, Acts

of lasciviousness; the o ense proved, is included in years old at the time.

2. Here, the post-mortem examination of AAA's body
rape, the o ense charged.
10. Case law dictates that the allegations in the Information revealed that she had lacerations on her private parts and
6. Conviction under Article 336 of the RPC requires that the must be in such form as is su cient to enable a person of that she recently lost her virginity, which more likely meant
prosecution establish the following elements: common understanding to know what o ense is intended that the assailant had carnal knowledge of her.
to be charged and enable the court to know the proper
6.1. the o ender commits any act of lasciviousness or 3. As the testimonies of the prosecution witnesses
judgment.
lewdness upon another person of either sex; and corroborated each other on material points, these should be
10.1. The Information must allege clearly and accurately given great weight since the trial court found these
6.2. the act of lasciviousness or lewdness is committed
the elements of the crime charged. testimonies more convincing.
either
11. The Court a rms Eulalio's conviction for 4. While Villegas maintained that he was at the house of
6.2.1. by using force or intimidation; or
Ronilo when the crime was committed, there was no
11.1. one count of statutory rape under Article 266-A of
6.2.2. when the o ended party is deprived of dispute that the abandoned house was accessible via
the RPC; and
reason or is otherwise unconscious; or transportation and that it would have only taken around
11.2. one count of acts of lasciviousness under Article ten (10) to fteen (15) minutes to traverse the distance.
6.2.3. when the o ended party is under 12 years
336 of the RPC in relation to Section 5(b) of RA
of age. 4.1. Since there was a great possibility that Villegas was
7610.
7. Sexual abuse under Section 5(b), Article III of R.A. No. in the vicinity at the time of the commission of the
7610 has three elements: See Criminal Law Case Digest No. 58 felony, his defense of alibi fails.
7.1. the accused commits an act of sexua1 intercourse 4.2. His denial of the charge was negated by the
or lascivious conduct; circumstantial evidence which already established
People v. Villegas, Jr. 9 Oct 2019 his guilt.
7.2. the said act is performed with a child exploited in
prostitution or subjected to other sexual abuse; 1. The elements of the special complex crime of rape with See Criminal Law Case Digest No. 60
and homicide are as follows:
7.3. the child is below 18 years old.
1.1. the appellant had carnal knowledge of a woman;
People v. Cabales 25 Sep 2019
8. Quimvel v. People as cited in the Molejon case explained that
1.2. carnal knowledge of a woman was achieved by
the child is deemed subjected to other sexual abuse when 1. There is no standard behavior expected by law from a rape
means of force, threat or intimidation; and
the child engages in lascivious conduct under the coercion victim.
or in uence of any adult. 1.3. by reason or on occasion of such carnal knowledge
by means of force, threat or intimidation, the 1.1. By whatever manner she reacts, the same is
9. Withal, there is basis to rule that there was sexual abuse immaterial because it is not an element of rape.
appellant killed a woman.
herein, given that Eulalio kissed AAA, who was only 11
1.2. Absent any other adequate proof that the victim

clearly assented to the sexual act perpetrated by the the prosecution was actuated by improper motive, the a) of materials that depict child sexual abuse or
accused, a victim shall not be condemned solely on presumption is that he/she was not so actuated and his/her exploitation, or
the basis of her reactions against the same. testimony is entitled to full credence.
4) other forms of sexual exploitation, forced labor or services,
2. Here, without clear evidence of consent, AAA's apparently See Criminal Law Case Digest No. 62 slavery, servitude, or
passive conduct will not negate the rape committed by
5) the removal or sale of organs.
Cabales against her person.
6) the recruitment, transportation, transfer, harboring, adoption
2.1. Her statements that she had been threatened into Anti-Tra cking in Persons Act of 2003 or receipt of a child for the purpose of exploitation or when
silence by Cabales were unwavering. 1
RA 9208, as amended by RA 11862 the adoption is induced by any form of consideration for
3. Jurisprudence has steadily held that "no woman, least of all exploitative purposes.
a child, would concoct a story of de oration, allow Trafficking in Persons refers to
examination of her private parts and subject herself to 1) the recruitment, obtaining, hiring, providing, o ering, a Acts of Tra cking in Persons
public trial or ridicule if she has not, in truth, been a victim transportation, transfer, maintaining, harboring, or receipt of
1) To recruit, obtain, hire, provide, o er, transport, transfer,
of rape and impelled to seek justice for the wrong done to persons
maintain, harbor, or receive a person by any means,
her being."
a) with or without the victim’s consent or knowledge,
including those done under the pretext of domestic or overseas
See Criminal Law Case Digest No. 61 b) within or across national borders employment or training or apprenticeship,
c) by means of threat, or use of force, or other forms of for the purpose of prostitution, pornography, sexual abuse or
coercion, abduction, fraud, deception, abuse of exploitation, production, creation, or distribution of CSAEM
People v. Galuga 13 Feb 2019
power or of position, or CSAM, forced labor, slavery, involuntary servitude, or debt
1. Indeed, AAA described vividly how accused-appellant d) taking advantage of the vulnerability of the person, or bondage;
de owered her and we cannot imagine how a child, as
2) the giving or receiving of payments or bene ts 2) To introduce or match for money, pro t, or material,
young in years as AAA, could directly and consistently
economic or other consideration, any person or any Filipino to
recount in open court such an ordeal, unless she, in fact, a) to achieve the consent of a person having control over
a foreign national, for marriage
had experienced the same. another person,
for the purpose of acquiring, buying, o ering, selling or
2. Between Galuga's plain denial and AAA's categorical b) for the purpose of exploitation which includes at a
trading him/her
testimony, the latter is given weight, especially because minimum, the exploitation or the prostitution of
Galuga admitted that he was actually found together with others, or to engage in prostitution, pornography, sexual exploitation,
AAA by AAA's father and prosecution witnesses Borja and forced labor, slavery, involuntary servitude or debt bondage;
3) the engagement of others for the production or distribution,
Garlitos. 3) To o er or contract marriage, real or simulated,
or both,
4. Where there is no evidence that the principal witness for

for the purpose of acquiring, buying, o ering, selling, or to engage in armed activities or participate in activities in the c) The use, procuring or o ering of a child for the
trading them context of an armed con ict in the Philippines or abroad; production and tra cking of drugs; and
to engage in prostitution, pornography, sexual exploitation, 10) To recruit, transport, transfer, harbor, obtain, maintain, o er, d) The use, procuring or o ering of a child for illegal
forced labor or slavery, involuntary servitude or debt bondage; hire, provide, or receive a person by means de ned in Section 3 activities or work which, by its nature or the
of this Act circumstances in which it is carried out, is likely to
4) To undertake or organize tours and travel plans consisting of
harm their health, safety or morals;
tourism packages or activities for purposes of forced labor, slavery, debt bondage and
involuntary servitude, 12) To organize, provide nancial support, or direct other persons
for the purpose of utilizing and o ering persons for
to commit the o enses de ned as acts of tra cking under this
prostitution, pornography or sexual exploitation; including a scheme, plan, or pattern intended to cause the
Act; and
person either:
5) To maintain or hire a person to engage in prostitution or
13) To recruit, transport, obtain, transfer, harbor, maintain, o er,
pornography; a) To believe that if the person did not perform such
hire, provide, receive, or adopt a child for deployment abroad
labor or services, he or she or another person would
6) To adopt persons by any form of consideration for exploitative as migrant worker.
su er serious harm or physical restraint; or
purposes or to facilitate the same
When the victim is a child, the means to commit these unlawful acts
b) To abuse or threaten the use of law or the legal
for purposes of prostitution, pornography, sexual shall not be necessary.
processes;
exploitation, forced labor, slavery, involuntary servitude or
In the case of overseas domestic work, a ‘child’ means a person
debt bondage; 11) To recruit, transport, harbor, obtain, transfer, maintain, hire,
below twenty-four (24) years old.
o er, provide, adopt, or receive a child
7) To adopt or facilitate the adoption of persons with or without
consideration for purposes of exploitation or trading them, b Acts that Promote Tra cking in Persons
for the purpose of prostitution, pornography, sexual including the act of buying or selling a child, or both for any
1) To knowingly lease or sublease, use, or allow to be used
exploitation, forced labor, slavery, involuntary servitude or consideration or for barter for purposes of exploitation.
debt bondage, or a) any house, building, tourism enterprise, or
Trafficking for purposes of exploitation of children shall
to facilitate illegal child adoptions or child laundering, or for include: b) any similar establishment; or
other exploitative purposes; c) any vehicle or carrier by land, sea, and air; or
a) All forms of slavery or practices similar to slavery,
8) To recruit, hire, adopt, transport, transfer, obtain, harbor, involuntary servitude, debt bondage, and forced d) any of their computer system or computer hardware,
maintain, provide, o er, receive, or abduct a person, labor, including recruitment of children for use in other computer-related devices, or
armed con ict;
for the purpose of removal or sale of organs of said person; e) any of their digital platform and application,
b) The use, procuring or o ering of a child for
9) To recruit, transport, obtain, transfer, harbor, maintain, o er, for the purpose of promoting tra cking in persons;
prostitution, for the production of CSAEM or
hire, provide, receive, or adopt a child
CSAM, or for pornographic performances;

2) To produce, print and issue, or distribute unissued, tampered, to prevent them from leaving the country or seeking redress allow their facilities to be used
or fake passports, birth certi cates, a davits of delayed from the government or appropriate agencies;
for the purpose of promoting tra cking in persons;
registration of births, foundling certi cates, travel clearances,
7) To knowingly bene t from, nancial or otherwise, or make
counseling certi cates, registration stickers, overseas 13) For nancial intermediaries, including banks and credit card
use of, the labor or services of a person held to a condition of
employment certi cates or other certi cates of any companies and money transfer or remittance centers,
involuntary servitude, forced labor, or slavery.
government agency which issues these certi cates, decals, and to knowingly or by gross negligence
such other markers as proof of compliance with government 8) To tamper with, destroy, or cause the destruction of evidence,
or allow their services, online platform and applications, among
regulatory and pre-departure requirements
others, to be used
for the purpose of promoting tra cking in persons; to in uence or attempt to in uence witnesses, in an
investigation or prosecution of a case under this Act; for the purpose of promoting tra cking in persons;
3) To advertise, publish, print, broadcast or distribute, or cause
9) To destroy, conceal, remove, con scate or possess, or attempt 14) To knowingly or by gross negligence
the advertisement, publication, printing, broadcasting or
distribution by any means, including the use of information to destroy, conceal, remove, con scate or possess, facilitate, assist, or help in the entry into the country
technology and the internet, of any brochure, yer, or any any actual or purported passport or other travel, immigration of persons who are convicted sex o enders
propaganda material that promotes tra cking in persons; or working permit or document, or any other actual or
whether at international and local airports, territorial
4) To assist in the conduct of misrepresentation or fraud purported government identi cation, of any person
boundaries, and seaports
for purposes of facilitating the acquisition of clearances and in order to prevent or restrict, or attempt to prevent or restrict,
for the purpose of promoting tra cking in persons; or
necessary exit documents from government agencies that are without lawful authority, the person’s liberty to move or travel
mandated to provide pre-departure registration and services 15) To arrange, facilitate, expedite, or cause the introduction or
in order to maintain the labor or services of that person;
for departing persons encounter of persons who are suspected or convicted sex
10) To utilize his or her o ce to impede the investigation, o enders in any jurisdiction, to a child.
for the purpose of promoting tra cking in persons; prosecution or execution of lawful orders in a case under this
The actual introduction or encounter need not occur to be
5) To facilitate, assist, or help in the exit and entry of persons Act.
liable under this provision.
from/to the country at international and local airports, 11) For internet intermediaries
territorial boundaries and seaports, knowing they are not in It is enough that there is a deliberate attempt to cause the
to knowingly or by gross negligence introduction or encounter.
possession of required travel documents, or are in possession
of tampered, fake, or fraudulently acquired travel documents, allow their internet infrastructure to be used
c Quali ed Tra cking in Persons
for the purpose of promoting tra cking in persons; for the purpose of promoting tra cking in persons;
12) For internet cafes, kiosks, and hotspots, including 1) When the tra cked person is a child:
6) To con scate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of tra cked establishments o ering Wi-Fi access services to the public,
persons in furtherance of tra cking or to knowingly or by gross negligence

Provided, That acts of online sexual abuse and exploitation of a. dies, becomes insane, su ers mutilation or or harboring, or receipt of persons with or without
children shall be without prejudice to appropriate investigation the victim's consent or knowledge, within or across
b. is a icted with HIV or the AIDS;
and prosecution under other related laws; national borders;"
8) When the o ender, commits one or more acts of tra cking
2) When the adoption is e ected through the "Inter-Country 1.2. The MEANS used which include "threat or use of
under Section 4 over a period of at least sixty (60) days,
Adoption Act of 1995" and said adoption is for the purpose of force, or other forms of coercion, abduction,
whether those days are continuous or not;
prostitution, pornography, sexual exploitation, forced labor, fraud, deception, abuse of power or of position,
slavery, involuntary servitude or debt bondage; 9) When the o ender, or through another, directs or manages taking advantage of the vulnerability of the person,
the actions of a victim in carrying out the exploitative or, the giving or receiving of payments or bene ts
3) When the crime is committed by a syndicate, or in large
purpose of tra cking; to achieve the consent of a person having control
scale.
10) When the crime is committed during a crisis, disaster, public over another;" and
Tra cking is deemed committed by a syndicate if carried out
health concern, pandemic, a humanitarian con ict, or 1.3. The PURPOSE of tra cking is exploitation
by a group of three (3) or more persons conspiring or
emergency situation, or which includes "exploitation or the prostitution of
confederating with one another.
when the tra cked person is a survivor of a disaster or a others or other forms of sexual exploitation, forced
It is deemed committed in large scale if committed against labor or services, slavery, servitude or the removal
human-induced con ict;
three (3) or more persons, individually or as a group; or sale of organs."
11) When the tra cked person belongs to an indigenous
4) When the o ender is 2. Under Section 6 (a), the crime of Tra cking in Persons
community or religious minority and is considered a
a. a spouse, an ascendant, parent, sibling, guardian or member of the same; becomes quali ed when the tra cked person is a child,
which refers to a person
b. a person who exercises authority over the tra cked 12) When the tra cked person is a PWD;
person or 2.1. below the age of 18 years old or
13) When the crime has resulted in pregnancy;
when the o ense is committed by 2.2. above 18 years old but is unable to fully take care
14) When the tra cked person su ered mental or emotional
of or protect himself or herself from abuse,
c. a public o cer or employee; disorder as a result of being victim of tra cking; or
neglect, cruelty, exploitation, or discrimination
5) When the tra cked person is recruited to engage in 15) When the act is committed by or through the use of ICT or because of a physical or mental disability or
prostitution with any member of the military or law any computer system. condition.
enforcement agencies;
3. Here, all the elements of the crime are present.
6) When the o ender is a member of the military or law People v. XXX 23 Feb 2022
3.1. XXX recruited or hired AAA by instructing her
enforcement agencies; 1. People v. Casio identi ed the elements of Tra cking in and BBB to bring other minor females at the hotel
7) When by reason or on occasion of the act of tra cking in Persons, as follows: and introducing them to di erent customers on
persons, the o ended party 1.1. The ACT of "recruitment, transportation, transfer separate occasions;

accompanying and drinking alcohol with them in of age and what is sought to be proved is
3.2. XXX took advantage of AAA's vulnerability as a
the bar or in a private room, to be subjected to that she is less than 12 years old;
minor child and as someone who was in need of
lascivious acts, and to engage in sexual intercourse,
money; and 2.3.3. If the victim is alleged to be below 12
all for a fee.
years of age and what is sought to be
3.3. The purpose of such acts was for AAA and the
2. As to the failure of the prosecution to present the original proved is that she is less than 18 years old.
other minor females to engage in sexual intercourse
or certi ed true copy of AAA's birth certi cate, People v.
or to render sexual services to several men in 2.4. In the absence of a certi cate of live birth,
Pruna laid down the guidelines in appreciating age as an
exchange for money. authentic document, or the testimony of the
element of the crime or as a qualifying circumstance, thus:
victim's mother or relatives concerning the victim's
4. As to the charge of Rape, XXX claimed that the presence
2.1. The best evidence to prove the age of the o ended age, the complainant's testimony will su ce
of force, threat, or intimidation is lacking since AAA
party is an original or certi ed true copy of the provided that it is expressly and clearly admitted by
disclosed in her sworn statement that she needed money
certi cate of live birth of such party. the accused.
and willingly went with BBB after nding out that the
latter earned money by prostituting herself. 2.2. In the absence of a certi cate of live birth, similar 2.5. It is the prosecution that has the burden of
authentic documents such as baptismal certi cate proving the age of the o ended party. The failure
4.1. However, the prosecution su ciently established
and school records which show the date of birth of of the accused to object to the testimonial evidence
that he had carnal knowledge of AAA through
the victim would su ce to prove age. regarding age shall not be taken against him.
force and intimidation by pulling her and pinning
her down, and inserting his penis into her vagina, 2.3. If the certi cate of live birth or authentic 2.6. The trial court should always make a categorical
against her will and without her consent. document is shown to have been lost or destroyed nding as to the age of the victim.
or otherwise unavailable, the testimony, if clear and
5. In sum, the Court nds no cogent reason to overturn the 3. Granting that the prosecution failed to o er the original or
credible, of the victim's mother or a member of the
ndings of the RTC, as a rmed by the CA. certi ed true copy of AAA's birth certi cate, the latter's
family either by a nity or consanguinity who is
testimony as to her age, i.e., 14 years old at the time of the
See Criminal Law Case Digest No. 15 quali ed to testify on matters respecting pedigree
incident, and XXX's express and clear admission of her age
such as the exact age or date of birth of the
during the pre-trial in the stipulation of facts, su ciently
o ended party pursuant to Section 40, Rule 130 of
established AAA's minority.
People v. XXX 14 Feb 2022 the Rules on Evidence shall be su cient under the
following circumstances: 3.1. These stipulations are binding on the court
1. Here, the prosecution had duly established all the elements because they are considered judicial admissions
of Quali ed Tra cking in Persons. 2.3.1. If the victim is alleged to be below 3 years
within the contemplation of Section 4, Rule 129.
of age and what is sought to be proved is
1.1. XXX hired or recruited AAA and DDD, FFF, and that she is less than 7 years old; 4. XXX's conviction of Quali ed Tra cking in Persons in
EEE, on the pretext of being waitresses in a bar but view of AAA's minority, in violation of Section 4 (a), in
were forced to entertain male customers, by 2.3.2. If the victim is alleged to be below 7 years
relation with Sections 6 and 10, of RA 9208 is a rmed.

See Criminal Law Case Digest No. 19 Persons."

8. Despite the self-contradiction, several unrefuted points
4. Here, the prosecution established beyond reasonable doubt from AAA's testimony can be refracted:
that accused-appellants XXX and YYY committed acts of
People v. XXX and YYY 28 Jun 2021 8.1. her minority,
Tra cking in Persons under RA 9208 which were quali ed
by the minority of one of the victims and the status of 8.2. the sexual services she performed for customers,
1. The charge against and conviction of XXX and YYY fall
under Sec 4 (a and e) in relation to Sec 6 (a and f) of RA XXX as a police o cer. 8.3. the utility of the VIP rooms, and
9208. 4.1. AAA was recruited by YYY and hired by XXX to 8.4. the bar ne arrangement.
2. Jurisprudence has listed the elements of the o ense derived work in for the purpose of prostitution or sexual
9. Lastly, that the accused had no knowledge of AAA's
from the de nition under Sec 3(a): exploitation. AAA and other young girls danced
minority is irrelevant based on People v. Casio which ruled
on stage and performed other sexually exploitative
2.1. The act of "recruitment, transportation, transfer or that tra cking in persons can still be committed even if the
acts to lure customers to go to the VIP rooms.
harboring, or receipt of persons with or without victim gives consent.
the victim's consent or knowledge, within or across 4.2. At the time AAA was hired until her rescue during
the entrapment operation, she was a child, below See Criminal Law Case Digest No. 27
national borders."
18 years of age.
2.2. The means used which include "threat or use of
force, or other forms of coercion, abduction, 4.3. XXX was a police o cer and likewise the
People v. Bawalan 12 May 2021
fraud, deception, abuse of power or of position, owner-proprietor of the Bar.
taking advantage of the vulnerability of the person, 4.4. YYY and XXX similarly o ered the sexual services 1. Here, the elements of the o ense of tra cking in persons
or, the giving or receiving of payments or bene ts of AAA and other girls to customers. were su ciently established by the testimonies of the
to achieve the consent of a person having control prosecution witnesses.
5. Accused-appellants' bare denials were uncorroborated and
over another"; and 1.1. AAA categorically stated that Bawalan instructed
weak. Their roughly drawn defense hinged on AAA's
2.3. The purpose of tra cking is exploitation which desistance as complainant. her to go with a poseur-customer after Bawalan
includes "exploitation or the prostitution of others received money from the latter.
6. A recantation or an a davit of desistance is viewed with
or other forms of sexual exploitation, forced labor 1.2. AAA also stated that in the previous incidents, she
suspicion and reservation. The Court looks with disfavor
or services, slavery, servitude or the removal or sale would be taken to the cemetery and motel, was
upon retractions of testimonies previously given in court.
of organs." videotaped naked, and had sexual intercourse with
7. Here, the direct testimony of AAA attesting that XXX and her customers.
3. Also, Sec 3(a) of RA 9208 clearly provides that the
YYY recruited and hired her for purposes of sexual
recruitment and receipt of a child for purposes of 1.3. Accused-appellants took advantage of her
exploitation and prostitution is corroborated by the
exploitation, even if it does not involve the means listed in vulnerability.
testimonies of BBB and PO3 Ong as well as pieces of
the same provision, will be considered "Tra cking in
physical evidence. 2. While the prosecution failed to prove the victim's minority

occupation, business or activity, except in cases wherein the

due to the absence of her birth certi cate, it however 3. It does not preclude the application of the principle of
other spouse/partner objects on valid, serious and moral
established that the crime was committed by a group of conspiracy under the RPC. Thus, in the case of Go-Tan v.
grounds as de ned in Article 73 of the Family Code;
three persons, and by an ascendant and a person exercising Spouses Tan, the parents-in-law of the victim, were held to be
authority over the victim. proper respondents in the case. b. deprivation or threat of deprivation of nancial resources
and the right to the use and enjoyment of the conjugal,
See Criminal Law Case Digest No. 29 a De nition of Terms community or property owned in common;
1. "Physical Violence" refers to acts that include bodily or c. destroying household property;
Anti-Violence Against Women and Their physical harm; d. controlling the victims' own money or properties or solely
2 Children Act of 2004 2. "Sexual violence" refers to an act which is sexual in nature,
controlling the conjugal money or properties.
RA 9262 committed against a woman or her child. It includes, but is
Acts of Violence Against Women and Their
not limited to: b
Children
Who can be victims of VAWC
a. rape, sexual harassment, acts of lasciviousness xxx;
1. woman who is The crime of violence against women and their children is committed
b. acts causing or attempting to cause the victim to engage in through any of the following acts:
a. o ender’s wife, any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or a) Causing physical harm to the woman or her child;
b. former wife, or a
coercion; b) Threatening to cause the woman or her child physical harm;
2. woman with whom the o ender
c. Prostituting the woman or child. c) Attempting to cause the woman or her child physical harm;
a. has or had a sexual or dating relationship, or
3. "Psychological violence" refers to acts or omissions causing d) Placing the woman or her child in fear of imminent physical
b. has a common child with, or against
or likely to cause mental or emotional su ering of the victim harm;
3. The woman’s child whether legitimate or illegitimate, within such as but not limited to intimidation, harassment,
e) Attempting to compel or compelling the woman or her
or without the family abode. stalking, damage to property, public ridicule or
child to
humiliation, repeated verbal abuse and marital
Who can commit VAWC i) engage in conduct which the woman or her child has
infidelity. xxxx
1. VAWC may likewise be committed “against a woman with the right to desist from or
4. "Economic abuse" refers to acts that make or attempt to
whom the person has or had a sexual or dating relationship.” ii) desist from conduct which the woman or her child
make a woman nancially dependent which includes, but is
2. The use of the gender-neutral word “person” who has or had a not limited to the following: has the right to engage in, or
sexual or dating relationship with the woman encompasses attempting to restrict or restricting the woman's or her
even lesbian relationships. a. withdrawal of nancial support or preventing the
victim from engaging in any legitimate profession, child's freedom of movement or conduct by force or threat of

force, physical or other harm or threat of physical or other

i) Stalking or following the woman or her child in c) facilitating the opportunity and ability of the victim
harm, or intimidation directed against the woman or child.
public or private places; to independently regain control over her life.
This shall include:
ii) Peering in the window or lingering outside the 3) The protection orders that may be issued under this Act are
i) Threatening to deprive or actually depriving the residence of the woman or her child; the
woman or her child of custody to her/his family;
iii) Entering or remaining in the dwelling or on the a) barangay protection order (BPO),
ii) Depriving or threatening to deprive the woman or her property of the woman or her child against her/his
b) temporary protection order (TPO) and
children of nancial support legally due her or her will;
family, or deliberately providing the woman's children c) permanent protection order (PPO).
iv) Destroying the property and personal belongings or
insu cient nancial support; 4) The protection orders that may be issued shall include any,
in icting harm to animals or pets of the woman or
iii) Depriving or threatening to deprive the woman or her her child; and some or all of the following reliefs:
child of a legal right; a) Prohibition of the respondent from
v) Engaging in any form of harassment or violence;
iv) Preventing the woman in engaging in any legitimate i) threatening to commit or committing,
i) Causing mental or emotional anguish, public ridicule or
profession, occupation, business or activity or personally or through another, any of the
humiliation to the woman or her child, including, but not
controlling the victim's own mon4ey or properties, or acts of violence;
limited to,
solely controlling the conjugal or common money, or
i) repeated verbal and emotional abuse, and ii) harassing, annoying, telephoning, contacting
properties;
or otherwise communicating with the
f) In icting or threatening to in ict physical harm on oneself for ii) denial of nancial support or custody of minor
petitioner, directly or indirectly;
the purpose of controlling her actions or decisions; children of access to the woman's child/children.
b) Removal and exclusion of the respondent from the
g) Causing or attempting to cause the woman or her child to residence of the petitioner;
c Protection Orders
engage in any sexual activity which does not constitute
c) Directing the respondent
rape, by force or threat of force, physical harm, or through 1) A protection order is an order issued for the purpose of
intimidation directed against the woman or her child or preventing further acts of violence against a woman or her i) to stay away from petitioner and designated
her/his immediate family; child and granting other necessary relief. family or household member at a distance
speci ed by the court, and
h) Engaging in purposeful, knowing, or reckless conduct, 2) The relief granted under a protection order serve the purpose
personally or through another, that alarms or causes of ii) to stay away from the residence, school,
substantial emotional or psychological distress to the woman place of employment, or any speci ed place
a) safeguarding the victim from further harm,
or her child. frequented by the petitioner and any
b) minimizing any disruption in the victim's daily life, designated family or household member;
This shall include:
and

d) Directing lawful possession and use by petitioner of f) Punong Barangay or Barangay Kagawad; 1. The tension-building phase — minor batterings, verbal or
an automobile and other essential personal e ects, slight physical abuse occurs. The victim either paci es the
g) lawyer, counselor, therapist or healthcare provider of
regardless of ownership; batterer or stays out of his way;
the petitioner;
e) Granting a temporary or permanent custody of a 2. Acute battering phase — characterized by brutality,
h) At least two (2) concerned responsible citizens of
child/children to the petitioner; destructiveness or death. The victim realizes that she cannot
the city or municipality where the violence occurred
reason with him and resistance would only exacerbate her
f) Directing the respondent to provide support to the and who has personal knowledge of the o ense
condition;
woman and/or her child if entitled to legal support. committed.
3. Tranquil period — batterer may show a tender and
g) Prohibition of the respondent from any use or 6) Where to Apply. —
nurturing behavior.
possession of any rearm or deadly weapon and order
a) for BPOs. — shall follow the rules on venue under
him to surrender the same to the court; Requisites for BWS as a Defense
Section 409 of the LGC of 1991;
h) Restitution for actual damages caused by the violence
b) for a TPO or PPO. — in the RTC, MTC, MeTC. 1. Cycle of violence — “each of the phases of the cycle of
in icted, including, but not limited to, property violence must be proven to have characterized at least two
MCTC. MTCC with territorial jurisdiction over the
damage, medical expenses, childcare expenses and loss battering episodes”
place of residence of the petitioner.
of income;
c) If a family court exists in the place of residence of the 2. The nal acute episode preceding the killing of the batterer
i) Directing the DSWD or any appropriate agency to must have produced in the battered person’s mind an actual
petitioner, the application shall be led with that
provide petitioner may need; and fear of an imminent harm from her batterer and an honest
court.
j) Provision of such other forms of relief as the court belief that she needed to use force to save her life.
7) The application must be in writing, signed and veri ed under
deems necessary. 3. At the time of the killing, the batterer must have posed
oath by the applicant. It may be led
5) A petition for protection order may be led by any of the probable — not necessarily immediate and actual — grave
a) as an independent action or harm to the woman, based on the history of violence. (People
following:
b) as incidental relief in any civil or criminal case the v. Genosa)
a) the o ended party;
subject matter or issues thereof partakes of any acts of
b) parents or guardians of the o ended party; violence. AAA v. BBB 2018
c) ascendants, descendants or collateral relatives within 8) All TPOs and PPOs issued shall be enforceable anywhere May Philippine courts exercise jurisdiction over an offense constituting
the fourth civil degree of consanguinity or a nity; in the Philippines. psychological violence under RA 9262 committed through marital
d) o cers or social workers of the DSWD or social infidelity, when the alleged illicit relationship occurred or is occurring
workers of LGUs; d Battered Woman Syndrome as a Defense outside the country?
e) police o cers, preferably those in charge of women has three phases

and children's desks;

YES. In Dinamling v. People, this Court already had occasion to

enumerate the elements of psychological violence under Section Dabalos v. RTC 2013 Melgar v. People 2018 re Denial of financial support
5(i) of R.A. No. 9262:
In Ang v. Court of Appeals, the Court enumerated the elements Psychological violence is the means employed by the perpetrator,
1) The o ended party is a woman and/or her child or of the crime of violence against women through harassment, to while mental or emotional anguish is the e ect caused to or the
children; wit: damage sustained by the o ended party. To establish psychological
2) The woman is either the wife or former wife of the violence as an element of the crime, it is necessary to show proof of
1. The o ender has or had a sexual or dating relationship with
o ender, or is a woman with whom the o ender has or had commission of any of the acts enumerated in Section 5 (i) or similar
the o ended woman;
a sexual or dating relationship, or is a woman with whom acts. And to establish mental or emotional anguish, it is necessary to
2. The o ender, by himself or through another, commits an present the testimony of the victim as such experiences are personal
such o ender has a common child;
act or series of acts of harassment against the woman; and to this party." Thus, in cases of support, it must be first shown
3) The o ender causes on the woman and/or child mental or
3. The harassment alarms or causes substantial emotional or that the accused's denial thereof — which is, by itself, already a
emotional anguish; and
psychological distress to her. form of economic abuse — further caused mental or emotional
4) The anguish is caused through acts of public ridicule or anguish to the woman-victim and/or to their common child.
Notably, while it is required that the o ender has or had a sexual or
humiliation, repeated verbal and emotional abuse, denial of
dating relationship with the o ended woman, for RA 9262 to be
nancial support or custody of minor children or access to
applicable, it is not indispensable that the act of violence be a
the children or similar such acts or omissions. XXX v. People 28 Jun 2021
consequence of such relationship. It is immaterial whether the
What R.A. No. 9262 criminalizes is not the marital infidelity per relationship had ceased for as long as there is su cient evidence 1. XXX committed economic abuse.
se but the psychological violence causing mental or emotional showing the past or present existence of such relationship between
su ering on the wife. Marital in delity as cited in the law is 2. Economic abuse is one of the acts of violence punished by
the o ender and the victim when the physical harm was committed.
only one of the various acts by which psychological violence RA 9262.
may be committed. Thus, the mental or emotional suffering of the 2.1. It refers to acts that make or attempt to make a
victim is an essential and distinct element in the commission of the Araza v. People 2020 woman nancially dependent.
o ense.
3. Speci cally, Sec. 5, par. (e)(2) of RA 9262 penalizes the
The law does not require proof that the victim became
What may be gleaned from Section 7 of R.A. No. 9262 is that the deprivation of nancial support legally due the woman or
psychologically ill due to the psychological violence done by her
law contemplates that acts of violence against women and their child, which is a continuing o ense.
abuser. Rather, the law only requires emotional anguish and
children may manifest as transitory or continuing crimes. Even if
mental suffering to be proven. To establish emotional anguish or 4. All the elements of a violation of Sec 5 (e)(2) of RA 9262
the alleged extra marital a air causing the o ended wife mental and
mental su ering, jurisprudence only requires that the testimony of are present, as it was established that:
emotional anguish is committed abroad, the same does not place a
the victim be presented in court, as such experiences are personal to
prosecution under R.A. No. 9262 absolutely beyond the reach 4.1. XXX and AAA were married after being pregnant
this party.
of Philippine courts. with BBB;

4.2. XXX acknowledged BBB as his child;

other. 4) Explicit Sexual Activity includes actual or simulated -
8. Since RA 9262 is a special law, the act of deprivation of a) As to form:
4.3. he failed to provide su cient support for BBB;
nancial support is considered malum prohibitum.
4.4. he withheld nancial support for BBB due to the i) sexual intercourse or lascivious act including,
8.1. Petitioner's argument of absence of malice or but not limited to, contact involving genital
ire he felt towards his wife;
intent is immaterial and the only inquiry to be to genital, oral to genital, anal to genital, or
4.5. he only provided nancial support after the made is whether or not XXX committed the act. oral to anal, whether between persons of the
complaint against him in the Prosecutor's O ce same or opposite sex;
was led. See Criminal Law Case Digest No. 26
b) bestiality;
5. Under Article 195 (4) of the Family Code, a parent is
obliged to support his child, comprising everything c) masturbation;
indispensable for sustenance, dwelling clothing, medical
Anti-Child Pornography Act of 2009
3 d) sadistic or masochistic abuse;
attendance, education, and transportation, in keeping with RA 9775
e) lascivious exhibition of the genitals, buttocks, breasts,
the nancial capacity of the family.
pubic area and/or anus; or
5.1. The amount of support shall be in proportion to a De nition of Terms
f) use of any object or instrument for lascivious acts
the necessity of the recipient and the means of the
1) Child refers to a person below eighteen (18) years of age OR 5) Syndicated Child Pornography. — The crime of child
person obliged to give support.
over, but is unable to fully take care of himself/herself from pornography is deemed committed by a syndicate if carried out
6. Here, XXX deliberately deprived his son BBB of nancial abuse, neglect, cruelty, exploitation or discrimination because by a group of three (3) or more persons conspiring or
support for the latter's sustenance, clothing, medical, and of a physical or mental disability or condition. confederating with one another. (Sec 5)
educational expenses.
2) A child shall also refer to:
6.1. He was only able to give a total of about P10K in a b Unlawful or Prohibited Acts
a) a person regardless of age who is presented, depicted
span of ve years.
or portrayed as a child as de ned herein; and a) To hire, employ, use, persuade, induce or coerce a child to
6.2. He is capable of giving support based on his ITR perform in the creation or production of any form of child
b) computer-generated, digitally or manually crafted
for the year 2009 when his gross compensation was pornography;
images or graphics of a person who is represented or
P234K.
who is made to appear to be a child as de ned herein. b) To produce, direct, manufacture or create any form of child
7. As admitted by petitioner himself, he failed to provide pornography;
3) Child pornography refers to any representation, whether
support from 2005 to 2008 after he got angry at AAA for
the latter's failure to bring BBB to him on Christmas day. visual, audio, or written combination thereof, by electronic, c) To publish o er, transmit, sell, distribute, broadcast, advertise,
mechanical, digital, optical, magnetic or any other means, of promote, export or import any form of child pornography;
7.1. However, it should be BBB's best interest that child engaged or involved in real or simulated explicit sexual
should prevail over the spouses' con ict with each activities.

d) To possess any form of child pornography with the intent to b) those over but are unable to fully take care of d) Being a member of a indigenous cultural community
sell, distribute, publish, or broadcast: Provided, that possession themselves or protect themselves from abuse, neglect, and/or living under conditions of extreme poverty or
of three (3) or more articles of child pornography of the cruelty, exploitation or discrimination because of a in an area which is underdeveloped and/or lacks or
same form shall be prima facie evidence of the intent to sell, physical or mental disability or condition. has inadequate access to basic services needed for a
distribute, publish or broadcast; good quality of life;
2) "Child abuse" refers to the maltreatment, whether habitual
e) To knowingly, willfully and intentionally provide a venue for or not, of the child which includes any of the following: e) Being a victim of a man-made or natural disaster or
the commission of prohibited acts; calamity; or
a) Psychological and physical abuse, neglect, cruelty,
f) For lm distributors, theaters and telecommunication sexual abuse and emotional maltreatment; f) Circumstances analogous to those above stated which
companies, by themselves or in cooperation with other endanger the life, safety or normal development of
b) Any act by deeds or words which debases, degrades or
entities, to distribute any form of child pornography; children.
demeans the intrinsic worth and dignity of a child as a
g) For a parent, legal guardian or person having custody or human being;
control of a child to knowingly permit the child to engage,
b Child Prostitution and Other Sexual Abuse
c) Unreasonable deprivation of his basic needs for
participate or assist in any form of child pornography; Children, whether male or female, who for money, pro t, or any
survival, such as food and shelter; or
h) To engage in the luring or grooming of a child; other consideration or due to the coercion or in uence of any
d) Failure to immediately give medical treatment to an
adult, syndicate or group, indulge in sexual intercourse or
i) To engage in pandering of any form of child pornography; injured child resulting in serious impairment of his
lascivious conduct, are deemed to be children exploited in
j) To willfully access any form of child pornography; growth and development or in his permanent
prostitution and other sexual abuse.
incapacity or death.
k) To conspire to commit any of the prohibited acts stated in The penalty of reclusion temporal in its medium period to
3) Circumstances which gravely threaten or endanger the
this section; and reclusion perpetua shall be imposed upon the following:
survival and normal development of children include, but
l) To possess any form of child pornography. are not limited to, the following; a) Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to,
a) Being in a community where there is armed con ict
Special Protection of Children Against Child the following:
or being a ected by armed con ict-related activities;
4 Abuse, Exploitation, and Discrimination Act 1) Acting as a procurer of a child prostitute;
RA 7610, as amended b) Working under conditions hazardous to life, safety
and normal which unduly interfere with their normal 2) Inducing a person to be a client of a child prostitute by
development; means of written or oral advertisements or other similar
a De nition of Terms means;
c) Living in or fending for themselves in the streets of
1) "Children" refers to urban or rural areas without the care of parents or a 3) Taking advantage of in uence or relationship to procure a
guardian or basic services needed for a good quality of child as prostitute;
a) person below eighteen (18) years of age or
life;

would lead a reasonable person to believe that the child is

4) Threatening or using violence towards a child to engage 3) When a doctor, hospital or clinic o cial or employee, nurse,
about to be exploited in prostitution and other sexual abuse.
him as a prostitute; or midwife, local civil registrar or any other person simulates
2. Under Section 5(b) when any person is receiving services birth for the purpose of child tra cking; or
5) Giving monetary consideration goods or other pecuniary
from a child in a sauna parlor or bath, massage clinic, health
bene t to a child with intent to engage such child in 4) When a person engages in the act of nding children among
club and other similar establishments.
prostitution. low-income families, hospitals, clinics, nurseries, day-care
3. A penalty lower by two (2) degrees than that prescribed for centers, or other child-during institutions who can be o ered
b) Those who commit the act of sexual intercourse of
the consummated felony under Section 5 hereof shall be for the purpose of child tra cking.
lascivious conduct with a child exploited in prostitution
imposed upon the principals of the attempt to commit the
or subject to other sexual abuse;
crime of child prostitution. f Obscene Publication and Indecent Shows
When the victim is under sixteen (16) years of age, the
perpetrators shall be prosecuted under 1) Any person who shall hire, employ, use, persuade, induce, or
d Child Tra cking
coerce a child to perform in obscene exhibitions and indecent
1. Article 335(3), for rape and
1) Any person who shall engage in trading and dealing with shows, whether live or, in video, or model in obscene
2. Article 336, for rape, or lascivious conduct, as the children including, but not limited to, the act of buying and publications or pornographic materials, or to sell or distribute
case may be. selling of a child for money, or for any consideration, or barter, the said materials shall su er the penalty of prision mayor in
shall su er the penalty of reclusion temporal to reclusion its medium period.
The penalty for lascivious conduct when the victim is
perpetua.
under sixteen (16) years of age shall be reclusion 2) If the child used as a performer, subject, or seller/distributor is
temporal in its medium period; and 2) The penalty shall be imposed in its maximum period when under eighteen (18) years of age, the penalty shall be
the victim is under sixteen (16) years of age. imposed in its maximum period.
c) Those who derive pro t or advantage therefrom, whether as
manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
e Attempt to Commit Child Tra cking g Employment of Children
entertainment or establishment serving as a cover or which 1) When a child travels alone to a foreign country without valid GR: Children below fteen (15) years of age shall not be
engages in prostitution in addition to the activity for which reason therefor and without clearance issued by the DSWD or employed
the license has been issued to said establishment. written permit or justi cation from the child's parents or legal
EXC:
guardian;
c Attempt to Commit Child Prostitution 1) When a child works directly under the sole responsibility of
2) When a person, agency, establishment or child-caring
his/her parents or legal guardian and where only members
1. Under Section 5(a) when any person who, not being a relative institution recruits women or couples to bear children for the
of his/her family are employed. Provided
of a child, is found alone with the said child inside the room or purpose of child tra cking; or
cubicle of a house, an inn, hotel, motel, pension house, a) His/her employment neither endangers his/her life,
apartelle or other similar establishments, vessel, vehicle or any safety, health, and morals, nor impairs his/her normal
other hidden or secluded area under circumstances which development.

b) The parent or legal guardian shall provide the said same act because his right against double jeopardy will be Sec. 10(a) of R.A. No. 7610 penalizes an act when it constitutes as
child with the prescribed primary and/or secondary prejudiced. A person cannot be subjected twice to criminal liability child abuse. In relation thereto, Sec. 3(b) highlights that in child
education; or for a single criminal act. Likewise, rape cannot be complexed with abuse, the act by deeds or words must debase, degrade, or
a violation of Section 5 (b) of RA 7610. Under Section 48 of the demean the intrinsic worth and dignity of a child as a
2) Where a child's employment or participation in public
RPC, a felony under the RPC such as rape cannot be complexed human being.
entertainment or information through cinema, theater,
with an o ense penalized by a special law.
radio, television or other forms of media is essential. When the in iction of physical injuries against a minor is done at
the spur of the moment, it is imperative for the prosecution to
The following requirements in all instances are strictly
prove a speci c intent to debase, degrade, or demean the
complied with: The employer shall
People v. Basa, Jr 2019 intrinsic worth of the child; otherwise, the accused cannot be
a) ensure the protection, health, safety, morals and convicted under Sec. 10(a) of R.A. No. 7610.
Before an accused can be held criminally liable for lascivious
normal development of the child;
conduct under Section 5(b) R.A. No. 7610, the Court held in
b) institute measures to prevent the child's exploitation Quimvel v. People that the requisites for Acts of Lasciviousness, as
or discrimination taking into account the system and penalized under Article 336 of the RPC, must be met in addition Sanchez v. People
level of remuneration, and the duration and to the requisites for sexual abuse under R.A. No. 7610.
Here, the applicable laws are Article 59 of P.D. No. 603 and Section
arrangement of working time; and
A child is deemed exploited in prostitution or subjected to 10(a) of R.A. No. 7610. The use of "or" in Section 10(a) of RA
c) formulate and implement, subject to the approval and other sexual abuse when the child indulges in sexual intercourse or 7610 before the phrase "be responsible for other conditions
supervision of competent authorities, a continuing lascivious conduct prejudicial to the child's development" supposes that there are four
program for training and skills acquisition of the punishable acts therein. First, the act of child abuse; second, child
a) for money, pro t or any other consideration; or
child. cruelty; third, child exploitation; and fourth, being responsible for
b) under the coercion or any in uence of any adult, syndicate conditions prejudicial to the child's development. The fourth
People v. Tubillo 2017 or group. penalized act cannot be interpreted as a qualifying condition for the
In the case of Olivarez v. CA, the Court explained that the phrase three other acts.
Under Section 5 (b), Article III of RA 7610 in relation to RA 8353,
if the victim of sexual abuse is below 12 years of age, the o ender "other sexual abuse," covers not only a child who is abused for pro t,
should not be prosecuted for sexual abuse but for statutory rape but also one who engages in lascivious conduct through the
under Article 266-A(1)(d) of the RPC and penalized with reclusion coercion or intimidation by an adult. In the latter case, there Araneta v. People
perpetua. must be some form of compulsion equivalent to intimidation which
The Rules and Regulations of the questioned statute distinctly and
subdues the free exercise of the o ended party's will.
On the other hand, if the victim is 12 years or older, the o ender separately de ned child abuse, cruelty and exploitation just to show
should be charged with either sexual abuse under Section 5 (b) of that these three acts are di erent from one another and from the act
RA 7610 or rape under Article 266-A (except par 1 [d]) of the RPC. prejudicial to the child's development.
Calaoagan v. People 2019
However, the o ender cannot be accused of both crimes for the

reclusion temporal in its medium period to reclusion perpetua. The consummate his lascivious design towards AAA through coercion
An accused can be prosecuted and be convicted under Section 10(a)
Court likewise considers the alternative circumstance of and with the use of his in uence over the latter as her father.
if he commits any of the four acts therein. The prosecution need not
relationship against Baraga as an aggravating circumstance.
prove that the acts of child abuse, child cruelty and child
Since there is an aggravating circumstance and no mitigating
exploitation have resulted in the prejudice of the child because an
circumstance, the penalty shall be applied in its maximum period, Prohibition of Child Marriage Law
act prejudicial to the development of the child is di erent from the
i.e., reclusion perpetua. Besides, Section 31 of R.A. No. 7610 5
former acts. RA 11596
expressly provides that the penalty shall be imposed in its
maximum period when the perpetrator is, inter alia, the parent
of the victim. a De nition of Terms
Bongalon v. People 2013
1) Child marriage refers to any marriage entered into
Not every instance of the laying of hands on a child constitutes the
crime of child abuse under Section 10 (a) of Republic Act No. People v. Carlos Alhambra 2014 a) where one or both parties are children, and
7610. Only when the laying of hands is shown beyond reasonable b) solemnized
The prosecution was able to establish Alhambra’s criminal liability
doubt to be intended by the accused to debase, degrade or demean
under Section 5(b) of R.A. No. 7610. First, AAA testi ed that, i) in civil or church proceedings, or
the intrinsic worth and dignity of the child as a human being should
whilst clad only in towel after having taken a bath, her father ii) in any recognized traditional, cultural or
it be punished as child abuse. Otherwise, it is punished under the
forcibly removed her towel covering her body, kissed her on the customary manner.
RPC.
neck, removed her undergarments, and kissed her on the other parts
of her body. Second, Alhambra used his moral ascendancy and It shall include an informal union or cohabitation outside
in uence over his daughter AAA to consummate his lascivious of wedlock between an adult and a child, or between children
People v. Baraga 2014
design. Third, AAA was only 17 years old when the said incident 2) Guardians refer to
Sexual abuse under Section 5(b), Article III of R.A. No. 7610 has happened.
a) relatives or individuals taking custody of a child in the
three elements: Alhambra’s assertion that he is not liable for sexual abuse under absence of the parents, or
1) the accused commits an act of sexual intercourse or Section 5(b) since AAA is not a child engaged in prostitution or
b) anyone to whom a child is given or left for care or
lascivious conduct; subjected to other sexual abuse is plainly without merit. The law
custody, whether permanent or temporary; or
covers not only a situation in which a child is abused for
2) the said act is performed with a child exploited in c) persons judicially appointed by a competent court as
pro t but also one in which a child, through coercion or
prostitution or subjected to other sexual abuse; and guardians.
intimidation, engages in any lascivious conduct. A child is
3) the child is below 18 years old. deemed subjected to “other sexual abuse” when he or she indulges in
lascivious conduct under the coercion or in uence of any adult. As
b Unlawful Acts
The penalty for sexual abuse performed on a child under 18 years
old but over 12 years old under Section 5(b) of R.A. No. 7610 is established by the prosecution, Alhambra was only able to 1) Facilitation of Child Marriage. – Any person who causes,
xes, facilitates, or arranges a child marriage.

Should the perpetrator be an ascendant, parent, adoptive a) Through force, threat, or intimidation; b Amendment on Quali ed Seduction
parent, step parent, or guardian of the child, the penalty shall
b) When the o ended party is deprived of reason or 1) The seduction
be increased plus perpetual loss of parental authority.
otherwise unconscious;
a) of a minor, 16 and over but under 18 years of age,
Any person who produces, prints, issues and/or distributes
c) By means of fraudulent machination or grave abuse
fraudulent or tampered documents such as birth certi cates, b) committed by any person in public authority, priest,
of authority; and
a davits of delayed registration of birth and/or foundling home-servant, domestic, guardian, teacher, or any
certi cates for the purpose of misrepresenting the age of a d) When the o ended party is under sixteen (16) years person who, in any capacity, shall be entrusted with
child to facilitate child marriage or evade liability shall be liable of age or is demented, even though none of the the education or custody of the minor seduced.
under this section, without prejudice to liability under other circumstances mentioned above be present.
2) The penalty next higher in degree shall be imposed upon any
laws; There shall be NO criminal liability on the part of a person who shall seduce his sister or descendant, whether or
2) Solemnization of Child Marriage. – Any person who person having carnal knowledge of another person not she be a virgin or over eighteen years of age.
performs or o ciates a child marriage; and under sixteen (16) years of age
3) Under the provisions of this Chapter, seduction is committed
3) Cohabitation of an Adult with a Child Outside 1. when the age di erence between the parties when the o ender has carnal knowledge of any of the persons
Wedlock. – An adult partner who cohabits with a child is not more than three (3) years, and and under the circumstances described herein.
outside wedlock. 2. the sexual act in question is proven to be
consensual, non-abusive, and Crimes Against Personal Liberty and
I
c Public Crimes non-exploitative. Security
If the victim is under thirteen (13) years of
The foregoing unlawful and prohibited acts are deemed public Illegal Detention
age, this exception shall NOT apply.
crimes and be initiated by ANY concerned individual.
2) Non-abusive shall mean the absence of undue in uence, Kidnapping of minors
An Act Providing for Stronger Protection intimidation, fraudulent machinations, coercion, threat,
Against Rape and Sexual Exploitation and physical, sexual, psychological, or mental injury or Abandonment and Exploitation
6
Abuse, Increasing the Age for Determining the maltreatment, either with intention or through neglect, during
Trespass
Commission of Statutory Rape the conduct of sexual activities with the child victim.
3) Non-exploitative shall mean there is no actual or attempted Threats and Coercion
a Amendment on Rape act or acts of unfairly taking advantage of the child’s position
of vulnerability, di erential power, or trust during the conduct Cybercrime Prevention Act of 2012
1) Rape is Committed by a person who shall have carnal
of sexual activities.
knowledge of another person under any of the following
circumstances:

Illegal Detention liberty;

Kidnapping of minors
3) Act is illegal;
267 Kidnapping and serious illegal detention
270 Kidnapping and failure to return a minor
4) Without any of the circumstances in Art 267.
Penalty is RP to Death
Penalty lowered to PM min-med when o ender 1) O ender is entrusted with the custody of a minor;
1) O ender is a private individual;
a) voluntarily releases captive within 3 days, when he was in the 2) Deliberately fails to restore said minor to his parents or
2) Kidnaps or detains another, depriving the latter of his position to prolong detention; guardians.
liberty;
b) without having attained the purpose intended; and 271 Inducing a minor to abandon his home
3) Act is illegal;
c) before the institution of criminal proceedings.
4) Any of the following circumstance is present: 1) The minor is living in the home of his parents or guardian or
269 Unlawful arrest the person entrusted with is custody;
a) lasts for more than 3 days;
2) Induces said minor to abandon such home.
b) simulating public authority; 1) O ender arrests or detains another;
c) any serious physical injuries are in icted or threats 2) Purpose is to deliver him to the proper authorities; Abandonment and Exploitation
to kill detainee are made; 3) Not authorized by law or there is no reasonable ground Abandonment of persons in danger and of one's own
275
d) detainee is a minor, female, or a public o cer; OR therefor. victim
e) Person is kidnapped for ransom. 1) Failing to render assistance to any person o ender nds:
NOTES RE ILLEGAL DETENTION
Maximum penalty of Death a) In an uninhabited place,
1. The essence of the crime of kidnapping is
1) if the purpose is to extort money; b) wounded or in danger of dying,
a. the actual deprivation of the victim's liberty
2) victim is killed or dies as a consequence; special complex c) whilst he can render assistance without detriment to
b. coupled with an indubitable proof of intent on the
crime himself,
part of the malefactor to e ect such restraint on
3) victim is raped; special complex crime the o ended party's liberty. d) he fails to render such, and
4) victim is subjected to torture or dehumanizing acts. 2. A public o cer must have duty under the law to detain persons, e) such omission shall not constitute a more serious
otherwise he may be liable for kidnapping and not arbitrary o ense.
268 Slight illegal detention
detention.
2) Failing to help or assist another whom o ender accidentally
1) O ender is a private individual; 3. When the victim is female, detention is under Art 267. Voluntary wounded or injured.
2) Kidnaps or detains another, depriving the latter of his release is not mitigating in that article.
3) Failing to deliver a child under 7 years whom o ender found

abandoned, to the authorities or to his family, or by failing to lawful self-defense;

a) Threatening another with the in iction upon his
take him to a safe place.
person, honor or property or that of his family of 2) Orally threatening another, in the heat of anger, with
276 Abandoning a minor any wrong some harm constituting a crime, without persisting in the
idea involved in his threat;
b) amounting to a crime and
1) O ender has custody of a child;
3) Orally threatening another to do any harm not constituting
c) demanding money or imposing any other
2) Who is under 7 years of age; a felony.
condition, even though not unlawful, and
3) Abandons such child; 286 Grave coercions
d) the o ender attained his purpose.
4) Has no intent to kill when child is abandoned.
2) Where offender did not attain his purpose; Acts punished
Trespass 3) Not subject to a condition 1) Preventing another, by means of violence, threats or
280 Trespass to dwelling a) Threatening another of in iction upon his person, intimidation from doing something legal.
honor or property or that of his family of any 2) Compelling another, by means of violence, threats or
1) O ender is a private person; wrong intimidation, to do something against his will, may it be
2) Enters the dwelling of another; b) amounting to a crime and right or wrong.
3) Against the latter's will. c) not subject to a condition. Qualified if the coercion is committed
Qualified: By means of violence or intimidation 1) in violation of the right of su rage;
283 Light threats
281 Other forms of trespass 2) compel another to perform or
1) Makes a threat to commit a wrong;
3) prevent another from performing any religious act.
1) O ender enters the closed premises or the fenced estate of 2) Does not amount to a crime;
another; Elements
3) There is demand for money or imposing any other
2) It is uninhabited; 1) A person is prevented from doing something legal, or
condition, even though not unlawful; and
compelled to do something against his will;
3) Prohibition to enter be manifest; 4) O ender has or has not attained his purpose.
2) E ected through violence, threats or intimidation; and
4) Has not secured the permission of the owner or caretaker.
285 Other light threats 3) The restraint shall not be authorized or not in the exercise
Threats and Coercion Acts Punished of a lawful right.
282 Grave threats 1) (a) Threatening another with a weapon, or 287 Light coercions
1) Where offender attained his purpose (b) by drawing such weapon in a quarrel, unless it be in 1) O ender is a creditor;

1) O ender employs violence or threats, in such a degree as to Arturo.

2) Seizes anything belonging to his debtor;
compel or force the laborers or employers in the free and
3) By means of violence, or display of material force producing 3.4. Arturo was killed in the course of the detention.
legal exercise of their industry or work.
intimidation;
2) Purpose is to organize, maintain or prevent coalitions of See Criminal Law Case Digest No. 55
➔ If no violence or intimidation, unjust vexation capital or labor, strike of laborers or lockout of employers.
4) Purpose is to apply same to the payment of debt.
People v. Benedicto Ramos
People v. Cornista 19 Feb 2020
288 Other similar coercions
For kidnapping to exist, it is not necessary that the offended
1. The elements of kidnapping for ransom under Article
1) Forcing or compelling, directly or indirectly, or knowingly party be kept within an enclosure to restrict her freedom of
267 of the RPC, as amended, are as follows:
permitting such be done to the laborer or employee of the locomotion. It is enough that, as in the instant case, she was in any
o ender to purchase merchandise of any kind from him. 1.1. intent on the part of the accused to deprive the manner deprived of her liberty, unable to move - and get out - as she
victim of his/her liberty; pleased.
a) O ender is any person, agent or o cer of any
association or corporation; 1.2. actual deprivation of the victim of his/her liberty; The rule now is: Where the person kidnapped is killed in the
and course of the detention, regardless of whether the killing was
b) Employed laborers or employees; and
1.3. motive of the accused, which is extorting ransom purposely sought or was merely an afterthought, the kidnapping and
c) Forces or compels, directly or indirectly, or murder or homicide can no longer be complexed under Art. 48, nor
for the release of the victim.
knowingly permits such be done to the employee of be treated as separate crimes, but shall be punished as a special
the o ender to purchase merchandise of any kind 2. In the special complex crime of Kidnapping for Ransom complex crime under the last paragraph of Art. 267, as amended.
from him. with Homicide, the person kidnapped is killed in the course
of the detention, regardless of whether the killing was
2) Paying the wages due his laborer or employee by means of
purposely sought or was merely an afterthought. 2011
tokens or objects other than the legal tender, unless expressly People v. Anticamara
requested by the employee. 3. Here, the prosecution was able to prove the foregoing
The last paragraph of Article 267 of the RPC provides that if the
elements.
a) O ender pays the wages due a laborer by means of victim is killed or dies as a consequence of the detention, or is raped
tokens or objects; 3.1. Arturo was taken against his will. or subjected to torture or dehumanizing acts, the maximum penalty
b) Not legal tender; 3.2. Mendoza testi ed that appellants brought Arturo shall be imposed. In People v. Larrañaga, this provision gives rise
to a small house in Angono, Rizal. He further to a special complex crime. Thus, We hold that appellant Lando is
c) Not expressly requested by the employee. guilty beyond reasonable doubt of the special complex crime of
witnessed that Arturo's hands were tied at the back
Formation, maintenance and prohibition of with a chain. kidnapping and serious illegal detention with rape.
289 combination of capital or labor through violence or 3.3. Ransom money was demanded for the release of However, the Court does not agree with the CA and trial court's
threats judgment nding appellant Al liable for Rape. In People v. Suyu,

We ruled that once conspiracy is established between several accused kidnapped Hung Yee Chua (Yee) and 5 minors. The abductors prevented her from leaving by placing electric wire around the room
in the commission of the crime of robbery, they would all be equally simulated public authority by misrepresenting themselves as where she was in to prevent anyone who might come to release her.
culpable for the rape committed by anyone of them on the occasion PDEA agents when they forcibly took the victims. In kidnapping The abduction of the victim by the accused is absorbed in the crime
of the robbery, unless anyone of them proves that he endeavored to and serious illegal detention for ransom, the purpose of extorting of rape since it was resorted to in order to commit the latter crime.
prevent the others from committing rape. ransom is a qualifying circumstance which must be alleged in the
The continued detention of AAA after the rape cannot be deemed
Information and proved by the prosecution as the crime itself by
There is no evidence to prove that appellant Al was aware of the absorbed in it. The detention was illegal and not attended by the
words and overt acts of the accused before, during and after the
subsequent events that transpired after the killing of Sulpacio and circumstances that would render it serious illegal detention. Thus,
kidnapping and detention of the victim. In the case at bench, the
the kidnapping of AAA. Appellant Al could not have prevented this Court nds accused-appellant guilty of the crime of slight
Information did not contain an allegation that Bandoquillo
appellant Lando from raping AAA, because at the time of rape, he illegal detention.
and his cohorts intended to extort ransom to obtain the
was no longer associated with appellant Lando.
release of the victims. Accordingly, Bandoquillo should be
convicted only of simple kidnapping and serious illegal
detention.
Cybercrime Prevention Act of 2012
People v. Dionaldo 2014 1
RA 10175
The Court is, however, constrained to modify the ruling of the
Computer crimes, or Cybercrimes are crimes that involve a
RTC and the CA, as the crime the accused-appellants have People v. Borja 2017
computer and/or a network.
committed does not merely constitute Kidnapping and Serious
A public o cer who detains a person for the purpose of
Illegal Detention, but that of the special complex crime of 1. The computer device or network as target;
extorting ransom cannot be said to be acting in an o cial
Kidnapping for Ransom with Homicide. This is in view of the
capacity. In People v. Santiano, this Court explained that public 2. The computer device or network as a tool.
victim’s (i.e., Edwin's) death, which was (a) speci cally charged in
o cials may be prosecuted under Article 267 of the RPC if they act
the Information, and (b) clearly established during the trial of this Acts punished
in their private capacity. The burden is on the accused to prove
case.
that he or she acted in furtherance of his or her o cial The following acts constitute the o ense of cybercrime
Further taking into account the fact that the kidnapping was functions. punishable under this Act:
committed for the purpose of extorting ransom, accused-appellants’
In this case, Ronalyn was clearly deprived of her liberty. She was 1. O enses against the con dentiality, integrity and
conviction must be modi ed from Kidnapping and Serious Illegal
forcibly taken inside a vehicle by accused-appellant and his cohorts availability of computer data and systems;
Detention to the special complex crime of Kidnapping for
and was driven around Quezon City for at least ve (5) hours. 2. Computer-related O enses;
Ransom with Homicide, which carries the penalty of death.
3. Content-related O enses.
People v. Concepcion 2018 re kidnapping absorbed in rape

People v. Bandoquillo 2016 a Cybercrime O enses
Accused abducted the victim and then raped her. Thereafter, he
Bandoquillo is a private individual who, along with his cohorts,

it were authentic, regardless whether or not the data is

O enses against computer data and systems 3) Libel. — The unlawful or prohibited acts of libel as de ned in
directly readable and intelligible; or
Article 355 of the RPC, as amended, committed through a
1) Illegal Access. – The access to the whole or any part of a
b. The act of knowingly using computer data which is the computer system or any other similar means which may be
computer system without right.
product of computer-related forgery as de ned herein, for devised in the future.
2) Illegal Interception. – The interception made by technical the purpose of perpetuating a fraudulent or dishonest
All crimes de ned and penalized by the RPC, and special laws, if
means without right of any non-public transmission of design.
committed by, through and with the use of information and
computer data to, from, or within a computer system
2) Computer-related Fraud. — The unauthorized input, communications technologies shall be covered by the relevant
including electromagnetic emissions from a computer system
alteration, or deletion of computer data or program or provisions of this Act:
carrying such computer data.
interference in the functioning of a computer system, causing
Provided, That the penalty to be imposed shall be one (1) degree
3) Data Interference. — The intentional or reckless alteration, damage thereby with fraudulent intent:
higher than that provided for by the RPC and special laws.
damaging, deletion or deterioration of computer data,
Provided, That if no damage has yet been caused, the penalty
electronic document, or electronic data message, without
imposable shall be one (1) degree lower. b Other O enses
right, including the introduction or transmission of viruses.
3) Computer-related Identity Theft. – The intentional 1) Aiding or Abetting in the Commission of Cybercrime. –
4) System Interference. — The intentional alteration or
acquisition, use, misuse, transfer, possession, alteration or Any person who willfully abets or aids in the commission of
reckless hindering or interference with the functioning of a
deletion of identifying information belonging to another, any of the o enses enumerated in this Act shall be held liable.
computer or computer network by inputting, transmitting,
whether natural or juridical, without right:
damaging, deleting, deteriorating, altering or suppressing 2) Attempt in the Commission of Cybercrime. — Any person
computer data or program, electronic document, or electronic Provided, That if no damage has yet been caused, the penalty who willfully attempts to commit any of the o enses
data message, without right or authority, including the imposable shall be one (1) degree lower. enumerated in this Act shall be held liable.
introduction or transmission of viruses.
Content-related O enses
5) Misuse of Devices. J Crimes Against Property
1) Cybersex. — The willful engagement, maintenance, control,
6) Cybersquatting. – The acquisition of a domain name over or operation, directly or indirectly, of any lascivious exhibition Robbery
the internet in bad faith to pro t, mislead, destroy reputation, of sexual organs or sexual activity, with the aid of a computer
and deprive others from registering the same. system, for favor or consideration. Brigandage
Computer-related O enses 2) Child Pornography. — The unlawful or prohibited acts Theft

de ned and punishable by RA 9775 or the Anti-Child
1) Computer-related Forgery. —
Pornography Act of 2009, committed through a computer Quali ed Theft
a. The input, alteration, or deletion of any computer data system:
without right resulting in inauthentic data with the intent Usurpation
Provided, That the penalty to be imposed shall be (1) one
that it be considered or acted upon for legal purposes as if
degree higher than that provided for in RA 9775.

Swindling and Other Deceits robbery. persons

2. Unlawful taking complete from the moment the offender gains Par 1. Robbery with homicide
Arson
possession of the thing as to robbery with violence against or
intimidation of persons. The thing must be taken out of the 1) Robbery with homicide is taken in its generic sense and
Malicious Mischief
building as to robbery with force upon things. absorbs all other crimes, i.e. serious physical injuries,
Anti-Fencing Law contemporaneous thereto. If committed by a band, such
3. In order for the element of violence or intimidation to be becomes only a generic aggravating circumstance.
appreciated, it must be present before the taking of personal
property is complete. Except, when the violence results in (a) 2) One of the following must be proven that the homicide
Robbery was committed:
homicide, (b) rape, (c) intentional mutilation, (d) or serious
physical injuries under pars 1 and 2. a) to facilitate the robbery or escape of culprits;
293 Robbery, in general
4. Robbery at a glance b) to preserve the possession of the loot;
1) Elements of robbery in general a) If there is violence against or intimidation of any person, c) to prevent discovery; or
a) there be (1) personal property, (2) belonging to always robbery.
d) to eliminate witnesses or suppress evidence.
another; b) In the rst type of robbery, the value of robbed property is
Par 1. Robbery with rape
b) there is (3) unlawful taking of that property; immaterial. Penalty depends on (1) the result of the violence
used, and (2) on the existence of intimidation. 1) The intent to gain must precede the rape.
c) such must be (4) with intent to gain; and
c) On the second type, penalty is based on (1) value, (2) 2) Committed when the robbery is accompanied by rape.
d) there is (5) violence against or intimidation of
carrying of arms, if carried out in inhabited buildings. 3) The rape must be consummated.
any person, or force upon anything.
d) Penalty based solely on value if carried out in uninhabited Pars 2-3. Robbery with serious physical injuries
2) Classi cation of robbery
buildings.
a) With violence against, or intimidation of persons 1) The injuries were in icted in the course of the robbery; and
5. If robbery was e ected by employing both violence against or
(Arts 294, 297, 298); 2) In icted upon those not responsible for the crime.
intimidation of persons and force upon the things, the latter will
b) By the use of force upon things (Arts 299, 302) be absorbed by the former. Thus, the proper crime to be charged Par 4. Robbery with unnecessary violence and intimidation
is under Art 294, not Art 299. 1) If the violence or intimidation employed in the commission
NOTES
6. RA 10883, the New Anti-Carnapping Act of 2016, which of the robbery
1. Where the taking was lawful and the unlawful lapsed into law on July 17, 2016, is the law applicable when 2) shall have been carried to a degree clearly unnecessary for the
misappropriation was subsequent thereto, the crime is estafa or property taken in robbery is a motor vehicle. commission of the crime, or
malversation. But if intent from the very beginning was to gain
from the prohibited material, even with lawful taking, then it is 294 Robbery with violence against or intimidation of 3) when in the course of its execution, the o ender shall have

in icted upon any person not responsible for its commission

a) He was a member; 3) Once inside, takes personal property of another with intent
any of the physical injuries covered by subdivisions 3 and 4
to gain.
of Article 263. b) Present at the commission of robbery;
Elements of subdivision B
Par 5. Robbery with the use of violence and intimidation c) Others committed the assault;
1) O ender is inside regardless of how he entered;
➔ Simple robbery. d) Did not attempt to prevent assault.
2) The unlawful taking done by
Robbery under subdivisions 3, 4, 5 of Art 294 qualified if 298 Robbery by execution of deeds
committed in: a) breaking of doors, wardrobes, chests, or any other
1) O ender intends to defraud another; kind of locked or sealed furniture or receptacle; OR
a) an uninhabited place, or
2) Compels him to sign, execute, or deliver any public b) by taking such away to be broken or forced open
b) by a band, or instrument or document; outside.
c) by attacking a moving train, street car, motor vehicle, or 3) By means of violence or intimidation. 300 Robbery in an uninhabited place and by a band
airship, or
Robbery in an inhabited house, public building, or 1. Quali es Art 299. Punished by the maximum period of the
d) by entering the passengers' compartments in a train, or 299
edi ce devoted to public worship penalty therefor.
e) on a street, road, highway, or alley, and with the use of
rearms. Elements of subdivision A 2. That the place be uninhabited, and committed by a band
1) O ender entered must concur.
296 Robbery by a band
a) an inhabited place, or 3. The inhabited house, public building, edi ce for religions
1) At least four armed malefactors take part in committing worship must be located in an uninhabited place.
b) public building, or
robbery. 4. Art 299 is quali ed when both circumstances concur. In
c) edi ce devoted to religious worship. Robbery with violence against or intimidation of persons,
2) When any of the arms used is unlicensed, the penalty upon
all robbers shall be the maximum corresponding penalty, 2) The entrance e ected by: either may qualify (Art 295).
without prejudice to the criminal liability of illegal possession What is an inhabited house and their dependencies
a) an opening not intended for entrance or egress;
of such firearms.
b) breaking any wall, roof, or oor or breaking any 1) Dependencies must be
3) Any member present shall be punished as principal of any of
door or window; a) Contiguous,
the assaults, unless it be shown that he attempted to prevent
the same. c) using false keys, picklocks or similar tools; b) have an interior entrance connected therewith, and
4) A band member is liable for any assaults committed when d) using any ctitious name or pretending the c) form part of the whole.
the following concur: exercise of public authority.
2) Orchards and lands used for cultivation, not dependencies.

Robbery in an uninhabited place or in a private Exists when

302 3) After having maliciously damaged the property of another,
building
1) There are at least four armed men. remove or make use of the fruits or object of the damage
caused by them.
1) O ender enters an uninhabited or a private building. 2) Forming a band of robbers;
4) Enter an enclosed estate or a eld where trespass is forbidden
2) Any was present: 3) Purpose is to
and without consent, hunt or sh upon the same or gather
a) entrance was e ected through an opening not a) commit robbery in the highway, fruits, cereals or other forest or farm products.
intended for egress; b) kidnap for ransom, or Elements
b) a wall, roof, oor, or outside door or window was c) attain by means of force and violence any other 1) Taking of personal property;
broken; purpose.
2) belonging to another;
c) false keys, picklocks, were used to e ect entrance;
307 Aiding and abetting brigands 3) done with intent to gain;
d) a door, wardrobe, chest, was broken;
1) There is a band of brigands; 4) without consent of owner;
e) a closed or sealed receptacle was removed, and be
broken open elsewhere. 2) O ender knows; 5) be accomplished without violence against or, intimidation
3) Does any: of persons, or force upon things.
3) Personal property of another was taken with intent to gain.
a) aids, abets, protects 310. Qualified Theft if
304 Possession of picklocks or similar tools
b) gives info on police movement; 1) theft committed by a domestic servant;
1) O ender has possession; c) acquires or receives property taken by such 2) with grave abuse of confidence;
2) Such are specially adapted to commit robbery; and brigands. 3) property stolen is a
Theft a) motor vehicle,
3) Possession was unlawful.
308 Theft b) mail matter,
False keys
Who are liable for theft c) large cattle;
1) (a) Art 304; (b) Genuine keys stolen from owner; (c) Any
1) With intent to gain, but without violence against or 4) consists of coconuts taken from plantation;
keys.
intimidation of persons nor force upon things, take, 5) sh taken from shpond or shery;
Brigandage personal property, of another, without the latter's consent.
6) on the occasion of re, earthquake, typhoon, volcanic
306 Brigandage 2) Having found lost property, fail to deliver same to the local eruption, or any other calamity, vehicular accident, civil
authorities or its owner. disturbance.

313 Altering boundaries or landmarks pertaining to his art or business.

Quali ed Theft
1) There be boundary marks or monuments, or estates; c) pretending to have bribed any Government employee.
1. Penalty is two degrees higher.
(maximum penalty)
2. Grave abuse of confidence is a mere circumstance which 2) O ender alters same.
d) postdating or issuing a bouncing check.
aggravates and quali es the crime. It is not necessary for said
314 Fraudulent insolvency
circumstance to be premeditated in order to be taken into e) obtaining any food or accommodation, or credit of such.
consideration. Its presence in the commission of the crime is 1) O ender is a debtor with due and demandable obligation; (par 3) BY ANY OF THE FOLLOWING FRAUDULENT
su cient. MEANS
2) He absconds with his property;
3. Theft by domestic servant always quali ed. Not so for a) inducing another, by means of deceit, to sign a document;
3) To the prejudice of his creditors.
housemate. Not for laborer.
b) resorting to some fraudulent practice to insure success in a
4. Theft by truck driver or by shepherd or by one who had Swindling and Other Deceits gambling game;
access to the place where the stolen property is kept is 315 Swindling or Estafa c) removing, concealing, or destroying, in whole or in part, any
quali ed theft.
court record, o ce les, document, or any other papers.
Fraud committed by these means:
Usurpation Elements in general
(par 1) WITH UNFAITHFULNESS OR ABUSE OF
312 Occupation of real property CONFIDENCE 1) Accused defrauded another by
Acts punished a) altering the substance, quantity, or quality of anything of a) abuse of confidence, or
value; b) means of deceit; and
1) taking possession of any real property of another by means
of violence against or intimidation of persons. b) misappropriating or converting any personal property 2) Damage or prejudice capable of pecuniary estimation caused
received in trust, or denying to having received same; upon injured party.
2) usurping any real rights in property belonging to another by
means of VAIP. c) taking undue advantage of the signature in blank, and by Elements of estafa with unfaithfulness (sub 1[a])
writing any document above such.
Elements 1) O ender has an onerous obligation to deliver something of
(par 2) BY FALSE PRETENSES value;
1) takes possession of any real property or usurps any real rights
thereof; a) using ctitious names, or falsely pretending to possess 2) He alters its substance, quality or quantity;
power, influence, qualifications, property, credit, agency,
2) belongs to another; 3) Damage or prejudice is caused.
business or imaginary transactions, or by means of other
3) violence against or intimidation of persons is used; similar deceits.
Elements of estafa with abuse of confidence (sub 1[b])
4) with intent to gain. b) altering the quality, fineness or weight of anything

1) Money, goods, or other personal property be received in trust, or 5. There is no estafa through negligence. 2) falsely pretending to possess: power, in uence, quali cations,
on commission, or for administration, or under any other property, credit, agency, business or imaginary transactions;
6. Estafa through falsi cation of public documents (FPD) is
obligation involving the duty to make delivery of, or to return. or
necessarily included in a charge of malversation through FPD.
2) Such has been misappropriated or converted; 3) through similar deceits.
7. Misappropriation of policeman of rearms received is: estafa,
3) To the prejudice of another; when it is not involved in the commission of a crime, and Elements of estafa by postdating a check or issuing a check in
malversation, if it is involved. payment of an obligation. (No 2[d])
4) There is demand from o ended party (not required when
there is evidence of misappropriation) 1) O ender postdated a check, or issued a check in payment of
Elements of estafa by taking undue advantage of the signature
an obligation;
➔ Three (3) ways of committing in blank (sub 1[c])
2) Done when the o ender had no funds in the bank, or his
1) misappropriating or 1) The paper with the signature of the o ended party be in
funds deposited therein were not su cient to cover the
2) converting the thing received; or blank;
amount.
3) denying that the thing was received. 2) O ended party should have delivered it to the o ender;
Elements of estafa by inducing another to sign any document.
1. Estafa by conversion. Pledging a thing which was received only 3) A document is written above the signature without
(No 3[a])
to be sold on commission. It presupposes that the thing has been authority;
devoted to a purpose or use di erent from that agreed upon. 1) O ender induced o ended party to sign a document;
4) Liability or damage is caused to another.
2. Estafa by misappropriation. Appellant took the sum of 2) Deceit be employed;
P8.3K out of the funds of the Manila Railroad Company, Elements of estafa by means of DECEIT (subs 2, 3)
3) O ended party personally signed;
replacing it with his personal check. He directed the cashier to 1) There must be a false pretense, fraudulent act, or fraudulent
4) Prejudice be caused.
hold the check until end of month. He used the amount for his means;
personal use. It was found out he had insu cient funds to cover There should be proof that defendant made statements tending to
2) Must be made prior to or simultaneously with the commission
the check, though later, he was able to replenish said account. He mislead the complainant as to the character of the document
of the fraud;
is still guilty because the law does not distinguish between executed by him.
permanent and temporary misappropriations. 3) O ended party relied on it, or was induced by it to part with
Elements of estafa by removing, concealing, or destroying
his property.
3. In estafa, damage to the o ended party, not the gain of the documents (No 3[c])
o ender, is the important consideration. 4) There is damage.
1) There be court record, o ce les, documents or any other
4. Demand is not legally required, but is necessary to show Three (3) ways of committing Art 315 No. 2[a] papers;
circumstantial evidence of misappropriation after failing to
1) using fictitious name; 2) O ender removed, concealed or destroyed any of them;
account upon demand.

real property, pretending to be the owner of the same.

3) With intent to defraud another. 1) O ender is a surety in a bond;
1) Thing be immovable;
Element of damage or prejudice may consist in: 2) He guaranteed with his real property/ies;
2) O ender falsely represents to be the owner;
1) O ended party being deprived of his money or property, as 3) He encumbers said guaranty;
result of the defraudation; 3) Executed an act of ownership;
4) Such encumbrance is
2) Disturbance in property right; or 4) To the prejudice of owner or a third person.
a) without express authority from court,
3) Temporary prejudice. Par 2. By disposing of real property as free from encumbrance,
b) made before the cancellation of his bond, OR
although such be not recorded.
NOTES RE ESTAFA c) before being relieved from the bond.
1) Thing disposed is real property;
1. Disturbance in property rights. Though the typewriter was There must be damage caused under Art 316.
2) O ender knew of the encumbrance, recorded or not.
later recovered after it was sold to another by accused,
3) There is express representation that the property is free from 317 Swindling a minor
complainant su ered disturbance of his property right over said
typewriter. any encumbrance; 1) O ender takes advantage of the inexperience, emotions, or
2. The basis of penalty is the amount or value misappropriated and 4) There is damage to another. feelings of a minor;
not delivered or returned before the institution of criminal Par 3. By wrongfully taking by the owner his personal 2) Induces such minor
action. Payment subsequent to the commission of estafa does property from its lawful possessor a) to assume an obligation,
not distinguish the criminal liability.
1) O ender is the owner of personal property; b) to give release, OR
3. Temporary prejudice. Complainant bought a lter from an
2) It is in the lawful possession of another; c) to execute a transfer of any property right;
agent through a check. The lter was not delivered, and found
agent to be bogus. He called bank to suspend payment. Thus, he 3) O ender wrongfully takes it from its lawful possessor; 3) Consideration be
could not dispose of the amount in the check possessed by the 4) Prejudice is caused upon the possessor or a third person. a) some loan of money,
accused bogus agent.
Par 4. By executing any fictitious contract to the prejudice of b) credit, OR
4. If a person procures a loan through a falsi ed public document, another
but settles said loan in due time, there is no estafa, only c) other personal property;
falsi cation. Par 5. By accepting any compensation for services not
rendered or for labor not performed. 4) To the detriment of the minor.
5. There is a complex crime of theft and estafa.
Par 6. By selling, mortgaging or encumbering real property or 318 Other deceits
316 Other forms of swindling properties with which the offender guaranteed the
fulfillment of his obligation as surety.
Par 1. By conveying, selling, encumbering, or mortgaging any

1) Defrauding or damaging another by any other deceit not property of the latter or of his family of any wrong entrustee shall return the goods themselves.
mentioned in the preceding articles. amounting to a crime.
3.1. The law punishes the trustee's failure to turn over
2) Interpreting dreams, by making forecasts, telling fortunes, or 4.2. It was inconsequential that the threat was made in the proceeds of the sale of the goods covered, or to
by taking advantage of the credulity of the public in any the presence of a number of people since the return the goods themselves if not sold.
other similar manner, for profit or gain. o ense does not require that it be committed in
4. Under Section 13 of the law, such failure shall constitute
private.
the crime of Estafa under Art 315, par 1 (b) of the RPC.
People v. Bueza 18 Nov 2020 5. Pursuant to the ruling in People v. Tulagan, Bueza is to be
4.1. The o ense of violation of the Trust Receipts Law
held criminally liable for Robbery with Rape de ned under
1. Robbery with Rape is penalized under Article 294 of is malum prohibitum: mere failure to turn over the
Article 294, Paragraph 1 of the RPC and of Grave Threats
the RPC. The following elements must concur: proceeds of the sale, or to return the goods
under Article 282 of the RPC.
themselves if not sold, amounts to the violation.
1.1. the taking of personal property is committed with
violence or intimidation against persons; See Criminal Law Case Digest No. 39 5. Here, there is probable cause to hold petitioners liable for
violating the Trust Receipts Law since they failed to turn
1.2. the property taken belongs to another;
over the proceeds of the sale of goods or return the goods
1.3. the taking is characterized by intent to gain or Chua v. Secretary of Justice 15 Jun 2022 themselves.
animus lucrandi; and
1. The SOJ did not commit grave abuse of discretion in 6. A necessary element of novation is the cancellation of the
1.4. the Robbery is accompanied by Rape. ordering the ling of four counts of Estafa under the RPC, old obligation by the new one, which may be e ected
2. It contemplates a situation where the original intent of the in relation to the Trust Receipts Law, against petitioners. expressly or impliedly.
accused was to take, with intent to gain, personal property 2. Section 4 of the Trust Receipts Law de nes a trust receipt 6.1. There is an express novation if the new obligation
belonging to another and Rape is committed on the transaction as unequivocally declares that it extinguishes or
occasion thereof or as an accompanying crime. substitutes the old obligation; on the other hand,
2.1. any transaction by and between an entruster and
3. The prosecution su ciently established the elements of the an entrustee, 6.2. there is an implied novation if the old and the new
crime of Robbery with Rape obligations are on every point incompatible with
2.2. where the entrustor transfers possession
4. As regards the charge of Grave Threats, the crime was each other.
consummated as soon as the victim heard Bueza utter his 2.3. of speci c goods, among others, to which he or she
7. The incompatibility must take place in any of the essential
threatening remarks. has ownership or absolute title thereto,
elements of the obligation, such as its object, cause or
4.1. Article 282 of the RPC holds liable for Grave 2.4. to the entrustee upon the latter's execution and principal conditions thereof; otherwise, the change would
Threats any person who shall threaten another delivery of a document called a trust receipt. be merely modi catory in nature and insu cient to
with the in iction upon the person, honor, or 3. If the goods are not sold or otherwise disposed, the extinguish the original obligation.

the acts prohibited under Section 6 of RA 8042. person charged with the o ense of Illegal Recruitment may
8. Here, the new agreement expressly recognized the old
be convicted on the strength of the testimonies of the
obligation; the former did not completely obliterate the 2. Illegal Recruitment is deemed done in large scale and is
complainants, if found to be credible and convincing.
latter. considered as an o ense involving economic sabotage if it is
committed against three or more persons individually or as 5.1. Here, the testimony of the prosecution witnesses
8.1. Petitioners are still liable under the trust receipts,
a group. on the matter is bolstered by the barangay blotter,
but were given time to pay under the schedule of
wherein accused-appellant admitted having
payments. 3. The essential elements for Illegal Recruitment in Large
received certain amounts from private
Scale are that:
8.2. The new schedule of payments is merely complainants and promised to repay the said
modi catory and supplementary to the original 3.1. the person charged undertook any recruitment amounts.
obligation. activity as de ned under Section 6 of RA 8042;
6. The law does not require that at least three victims testify at
9. In sum, the SOJ did not err or gravely abuse her discretion 3.2. accused did not have the license or the authority to the trial to convict an accused for Illegal Recruitment in
in nding probable cause to charge petitioners with Estafa lawfully engage in the recruitment of workers; and Large Scale, for so long as there is su cient evidence
in relation to the Trust Receipts Law. proving that the o ense was committed against three or
3.3. accused committed the same against three or more
persons individually or as a group. more persons.
4. Here, all three elements have been established beyond 7. Case law holds that the same pieces of evidence that
reasonable doubt. establish liability for Illegal Recruitment in Large Scale
People v. Liwanag 2 Mar 2022 con rm culpability for Estafa.
4.1. Liwanag's acts of o ering and promising to deploy
Doctrinal Rule the four complainants to Japan to work as factory 8. The elements of Estafa are:
workers in a noodle factory, as well as collecting 8.1. the accused defrauded another by abuse of
The law does not require that at least three victims testify at the trial
money for passports, plane tickets, visa processing, con dence or by means of deceit; and
to convict an accused for Illegal Recruitment in Large Scale, for so
and placement fees, clearly constitute a
long as there is sufficient evidence proving that the offense was 8.2. the o ended party or a third party su ered damage
recruitment activity as de ned under Section 6 of
committed against three or more persons. or prejudice capable of pecuniary estimation.
RA 8042.
1. Illegal Recruitment may be undertaken by either 9. Here, Liwanag defrauded the four private complainants by
4.2. The POEA certi cation su ciently established
non-license or license holders. making them believe that she has the capacity to deploy
that accused-appellant is neither licensed nor
1.1. Non-license holders are liable for the simple act of them to Japan as factory workers, even if she did not have
authorized to recruit workers for overseas
engaging in recruitment and placement activities, the authority or license for the purpose.
employment.
while 9.1. All the victims su ered damages in the amount of
5. The absence of receipts to evidence payment does not
1.2. license holders may be held liable for committing P40.5K each as the promised employment abroad
automatically warrant acquittal of the accused since a
never materialized.

See Criminal Law Case Digest No. 8 was cancelled, Swiss Air refunded the money to Expert
2.2. that such false pretense, fraudulent act or
Travel and not to her.
fraudulent means must be made or executed prior
6. However, her acquittal does not necessarily amount to her to or simultaneously with the commission of the
Horca v. People 10 Nov 2021 absolution from civil liability. fraud;
1. Under Article 308 of the RPC, the crime of theft is 7. The fact remains that Sister Reynolds and her congregation 2.3. that the o ended party must have relied on the
committed when the following elements concur: was prejudiced when they paid for the tickets but did not false pretense, fraudulent act or fraudulent means,
1.1. that there be taking of personal property; get reimbursed when the ight was cancelled. that is, he was induced to part with his money or
property because of the false pretense, fraudulent
1.2. that said property belongs to another; 8. While the Court acquits petitioner because reasonable
act or fraudulent means; and
doubt exists anent her guilt, Horca is adjudged to be civilly
1.3. that the taking be done with intent to gain; accountable considering that preponderant evidence exists 2.4. that as a result thereof, the o ended party su ered
1.4. that the taking be done without the consent of the to establish her liability. damage.
owner; and 3. All elements are present in this case.
1.5. the taking be accomplished without the use of 3.1. First, petitioners made false pretenses and
violence, intimidation, or force upon persons or fraudulent misrepresentations to complainants:
things. Sps Dulay III v. People 13 Sep 2021
3.1.1. that they owned the subject property
2. Here, the prosecution failed to su ciently prove the which they could sell;
Doctrinal Rule
crucial element of taking with intent to gain.
Deceit is defined as the false representation of a matter of fact whether 3.1.2. that they are processing the reconstitution
3. The records show that Horca actually used the money of the title;
by words or conduct, by false or misleading allegations, or by
covered by the checks for its intended purpose, i.e., to
concealment of that which should have been disclosed which deceives or 3.1.2.1. Reconstitution of title is the
purchase the airline tickets, albeit only four were initially
is intended to deceive another so that he shall act upon it to his legal re-issuance of a new certi cate of
delivered.
injury. title lost or destroyed in its
4. Horca explained that while she was able to buy the tickets original form and condition. It
1. Petitioners are not the owners of the subject property yet
for the Sisters of Providence, the remaining 15 tickets were presupposes that petitioners are
they brazenly sold the property to Sps Dulos.
not delivered to Sister Reynolds because the ight was the registered owners of the
cancelled since there was a strike due to Swiss Air's 2. The elements of Estafa by means of deceit as de ned under
subject property.
bankruptcy. Article 315(2)(a) of the RPC are:
3.1.3. that they are the Isidro and Virginia
5. It is also not established from the records if Horca took or 2.1. that there must be a false pretense, fraudulent act
Dulay;
received the money after Swiss Air reimbursed the amount or fraudulent means;
to the travel agency. Per Horca's account, when the ight 3.1.4. that Virginia and Elena are one and the

same person; among others that petitioner received in trust the merchandise from the requirement to secure a license or authority to
Gacayan. recruit and deploy workers; and
3.2. The remaining elements of the o ense are likewise
present. 3.1. Contrary to petitioner's contention, she entered 1.3. that she committed unlawful acts against three or
into a trust receipt agreement with Gacayan and more persons.
3.2.1. Petitioners' false pretense of ownership
not a barter or exchange.
which could transfer valid title to the 2. While Article 38 of the Labor Code limits illegal
subject property, was committed prior to 4. Petitioner failed to turn over the proceeds of the sale of the recruitment to recruitment activities undertaken by
and simultaneous with the commission of products she procured from Gacayan under TRAs 0081 non-licensees or non-holders of authority, Part II of RA
the fraud. and 0083 upon the latter's demand. 8042 de nes and penalizes illegal recruitment for
employment abroad, regardless of whether it was
3.2.2. Private complainants' reliance on this false 5. Petitioner's misappropriation or conversion of the proceeds
undertaken by a non-licensee or non-holder of authority or
pretense induced and impelled them to of the sale of Gacayan's products caused damage to the
by a licensee or holder of authority.
purchase the subject property and pay the latter in the total amount of P8,275.
total amount of P707K. 3. Under RA 8042, a non-licensee or non-holder of authority
6. Gacayan demanded payment from petitioner under TRAs
commits illegal recruitment for overseas employment in
4. Petitioners were aware of the falsity of their representation 0081 and 0083 which went unheeded.
two ways:
to complainants that they are the registered owners Isidro
7. Thus, the prosecution had proved petitioner's guilt beyond
and Virginia Dulay indicated in the title. This is precisely 3.1. by any act of canvassing, enlisting, contracting,
reasonable doubt for the crime of estafa.
the crux of their deceit. transporting, utilizing, hiring, or procuring
See Criminal Law Case Digest No. 28 workers, and includes referring, contract services,
See Criminal Law Case Digest No. 24 promising or advertising for employment abroad,
whether for pro t or not; and
People v. Manalang 20 Jan 2021 3.2. by undertaking any of the acts enumerated under
Barlin v. People 23 Jun 2021
Section 6 of RA 8042.
1. The essential elements of Illegal Recruitment in Large Scale
1. Here, petitioner received merchandise from Gacayan as
are: 4. Here, the elements for the crime of Illegal Recruitment in
evidenced by TRAs 0081 and 0083 signed and executed by
Large Scale were su ciently established.
petitioner. 1.1. that the accused engaged in acts of recruitment and
placement of workers as de ned under Article 4.1. Manalang engaged in acts of recruitment and
1.1. However, contrary to the ruling of the lower
13(b) of the Labor Code, or in any prohibited placement of workers.
courts, petitioner could not be held liable for the
activities listed under Articles 34 and 38 of the 4.2. She was neither licensed nor authorized by the
other TRAs as they were not signed by petitioner
Labor Code; POEA to recruit workers for overseas employment,
but either by Castillo or Vargal.
1.2. that he/she had not complied with the guidelines as evidenced by the POEA Certi cation.
3. As to TRAs 0081 and 0083, the documents clearly stated
issued by the Secretary of DOLE with respect to

RA 8042 (or the Labor Code), and Estafa under Article

4.3. She defrauded at least three persons, namely, Tura, 3. Case law instructs that the gravamen of the crime of Estafa
315(2)(a) of the RPC.
Marañon and Cawas. is the employment of fraud or deceit to the damage or
See Criminal Law Case Digest No. 34 prejudice of another.
5. The elements of estafa by means of deceit, whether
committed by false pretenses or concealment, are the 3.1. Clearly, Arriola's actuations toward Del Rosario t
following: this description.
Arriola v. People 24 Feb 2020
5.1. there must be a false pretense, fraudulent act or 4. The return by the accused of money belonging to the
fraudulent means; 1. Assessed with other established circumstances, Arriola's private complainant will not reverse a consummated act of
fraud is evident. Estafa.
5.2. such false pretense, fraudulent act or fraudulent
means must be made or executed prior to or 1.1. Arriola had not been authorized to sell 5. Such action may even uphold a conviction.
simultaneously with the commission of the fraud; Candelaria's land. 5.1. Section 27, Rule 130 states that in criminal cases,
5.3. the o ended party must have relied on the false 1.2. Despite full knowledge of such fact, Arriola still except those involving quasi-o enses or criminal
pretense, fraudulent act or fraudulent means, that proceeded to represent himself as a duly authorized negligence or those allowed by law to be
is, he was induced to part with his money or seller of the said lot. compromised, an o er of compromise by the
property because of the false pretense, fraudulent accused may be received in evidence as an implied
2. The elements of Estafa by means of deceit under Article
act or fraudulent means; and admission of guilt.
315, Paragraph 2(a) of the RPC are as follows:
5.4. as a result thereof, the o ended party su ered 6. Arriola's initial attempts to reimburse Del Rosario through
2.1. That there must be a false pretense or fraudulent
damage. checks, coupled with the actual return of the latter's money
representation as to the o ender's power,
after the RTC issued its judgment of conviction, may all be
6. Here, the elements of deceit and damage are present. in uence, quali cations, property, credit, agency,
considered as unequivocal gestures to compromise and
6.1. Manalang, without any license or authority to do business, or imaginary transactions;
which can be measured against Arriola as his implied
so, promised private complainants overseas 2.2. That such false pretense or fraudulent admission of guilt.
employment, then required them to undergo representation was made or executed prior to or
training and collected fees or payments from them, simultaneously with the commission of the fraud; See Criminal Law Case Digest No. 54
while continually assuring them that they would
2.3. That the o ended party relied on the false
be deployed abroad, but failed to do so. Arson
pretense, fraudulent act, or fraudulent means and
6.2. Her representation induced the victims to part was induced to part with his money or property; 320 Destructive Arson
with their money, resulting in damage. and
7. Jurisprudence is settled that a person, for the same acts, Penalty of RP to Death to any person who burns the following
2.4. That, as a result thereof, the o ended party
may be convicted separately for Illegal Recruitment under su ered damage. 1) One or more buildings, consequent to 1 single act of

burning, or as a result of simultaneous burnings or it up, murder/homicide AND arson.

➔ Other cases of arson. Punished by RT-RP
committed on several or di erent occasions.
1) Any government building; Malicious Mischief
2) Any building of public or private ownership where people
usually congregate, regardless of whether o ender knows 2) Inhabited house or dwelling; 327 Malicious mischief
that there are persons in said building at the time it is set on 3) Industrial establishment, shipyard, oil well, mine
1) O ender deliberately caused damage to the property of
re, and whether it is inhabited or not. shaft, platform or tunnel;
another;
3) Train, ship, vessel, airship, plane; 4) Plantation, farm, pasture land, growing crop, grain
2) Such act does not constitute arson;
4) Building, factory, warehouses, devoted to the service of eld, orchard, bamboo grove or forest;
3) Be done merely for the sake of damaging it.
public utilities; 5) Rice, sugar, cane mills, or mill central;
328. Special cases or Qualified malicious mischief
5) Any building burnt to conceal evidence of another 6) Railway or bus station, airport, wharf or warehouse.
violation of law, to conceal bankruptcy or defrauding 1) To obstruct performance of public function.
➔ Special aggravating circumstances. MAX
creditors or to collect from insurance. 2) Using any poisonous or corrosive substance;
1) Intent to gain;
6) Arsenal, shipyard, storehouse, military power or reworks 3) Spreading any infection or contagion among cattle.
factory, ordinance, storehouse, archives, general museum of 2) For the bene t of another;
the Government; 4) Causing damage to property of the National Museum,
3) Motivated by spite or hate towards owner or
Library, or to any archive or registry, waterworks, road,
7) In an inhabited place, any storehouse or factory of occupant;
promenade, or any other thing used in common by the
in ammable or explosive materials. 4) By a syndicate (at least 3 persons). public.
PD 1613. Simple Arson 332 Persons exempt from criminal liability
NOTES RE ARSON
➔ Arson is the malicious destruction of property by re. 1. Attempted arson. Placing the rags soaked in gasoline beside the Crimes involved
➔ Kinds of arson: wooden wall of the building and lighting a match.
a) Theft;
1) Simple arson; 2. Frustrated arson. The rags were set on re, but were put out
b) Estafa;
before any part of the building was burned.
2) Destructive arson; c) Malicious mischief.
3. If main objective is burning, but death results, arson.
3) Other cases of arson. Persons exempted
4. If purpose is to kill a person in the building, and setting it on re
➔ Simple arson. Burning or setting re to the property of a) Spouses, ascendants, descendants, or relatives by a nity in
was the means resorted, murder.
another, or his own under circumstances which expose to the same line;
danger the life or property of another. PM. 5. If killing has been committed, then the building is burnt to cover
b) Widowed spouse with respect to the property which

belonged to the deceased spouse before the same passed into reduced to arresto menor or imprisonment of one death should result, the mandatory penalty of death shall be
the possession of another. (1) day to thirty (30) days. imposed.
c) Brothers and sisters and brothers-in-law and sisters-in-law, if 4. Gil and Olive did not appeal their case before the CA. On the other hand, PD 1613 remains the governing law for Simple
living together. Arson. If special aggravating circumstances are present, the penalty
4.1. Section 11(a), Rule 122 of the Rules of Court
under Sec. 3 shall be imposed in its maximum period:
provides that an appeal taken by one or more of
Grana v. People 25 Nov 2019 several accused shall not a ect those who did not a) If committed with intent to gain;
appeal, except insofar as he judgment of the
1. The elements of Malicious Mischief have been duly b) If committed for the bene t of another;
appellate court is favorable and applicable to the
proven in this case, viz.: c) If the o ender is motivated by spite or hatred towards the
latter.
1.1. Petitioners admitted in their "kontra salaysay" that owner or occupant of the property burned; and,
5. Here, considering the reduction of the sentence imposed
Teo lo deliberately destroyed the fence and its d) If committed by a syndicate, or group of three (3) or more
on the crime committed, which is favorable and applicable
cement foundation, and made diggings in the persons.
to Gil and Olive, then they should bene t from the
subject property;
reduction of the sentence imposed on them. If by reason, or on the occasion of Simple Arson death results, the
1.2. The destruction did not constitute arson or other penalty of reclusion perpetua to death shall be imposed.
crime involving destruction; and See Criminal Law Case Digest No. 57
Here, the applicable provision of law should be Sec. 3, par. 2, of
1.3. The act of damaging another's property was PD 1613, which imposes a penalty of reclusion temporal to
committed merely for the sake of damaging it. reclusion perpetua for other cases of arson as the properties
People v. Soriano re Arson
2. Under the third element, assuming that petitioner Teo lo burned by accused are speci cally described as houses,
Arson is the malicious burning of property. contemplating inhabited houses or dwellings under the aforesaid
owned the property in controversy, he and his co-accused
were not justi ed in summarily destroying the 1) Destructive Arson (Art. 320) and law. The 3rd special aggravating circumstance cannot be appreciated
improvements built thereon by Bolbes. in the present case where it appears that he was acting more on
2) other cases of arson (PD 1613).
impulse, heat of anger or risen temper. Thus, accused-appellant
2.1. Petitioners' actions were made out of hatred,
This classi cation is based on the kind, character and location of must be held guilty of Simple Arson.
revenge or evil motive.
the property burned, regardless of the value of the damage
3. The value of the damage cause to private complainant by caused.
petitioners is only P7.5K. People v. Buebos
Article 320 of the RPC, aab RA 7659, contemplates the malicious
3.1. Consequently, pursuant to Article 329 of the burning of structures, both public and private, hotels, buildings,
The legal basis of the trial court in convicting petitioners of arson is
RPC, as amended by R.A. 10951, petitioners' edi ces, trains, vessels, aircraft, factories and other military,
Section 3[2] of P.D. No. 1613. The elements of this form of arson
original sentence of a straight penalty of government or commercial establishments. If as a consequence
are:
imprisonment of four (4) months should be of the commission of any of the acts penalized under Art. 320,

homicide is absorbed; particularly Rule 133, Section 4.

a) there is intentional burning
b) if, on the other hand, the main objective is to kill a 3.1. There is more than one circumstance;
b) of an inhabited house or dwelling.
particular person who may be in a building or edi ce, when
3.2. The facts from which the inferences are derived are
Admittedly, there is a con uence of the foregoing elements here. re is resorted to as the means to accomplish such goal the
proven; and
However, the information failed to allege that what was crime committed is murder only; lastly,
intentionally burned was an inhabited house or dwelling. 3.3. The combination of all the circumstances is such
That is fatal. In ne, petitioners can be convicted only of simple c) if the objective is, likewise, to kill a particular person, and in as to produce a conviction beyond reasonable
arson, under Section 1[1] of P.D. No. 1613, punishable by prision fact the o ender has already done so, but re is resorted to doubt.
mayor. as a means to cover up the killing, then there are two
separate and distinct crimes committed — 4. The following combination of circumstances pointed to
homicide/murder and arson. the logical conclusion that Mae commenced and caused the
re as to support a judgment of conviction beyond
People v. Macabando 2013 Abayon is charged with the crime of arson because his intent was reasonable doubt against her:
merely to destroy his family's apartment through the use of re. The
The Information alleged that the appellant set re to his own house, 4.1. At 12:00 in the morning, Mae went home from
resulting deaths that occurred, therefore, should be absorbed by
and that the re spread to other inhabited houses. That the SM Mall of Asia;
the crime of arson and only increases the imposable penalty to
appellant’s act a ected many families will not convert the crime
reclusion perpetua to death. 4.2. She arrived at their house at 1:20 am;
to destructive arson, since the appellant’s act does not appear to
be heinous or represents a greater degree of perversity and 4.3. She instructed Grace to get her child, Leila, from
viciousness when compared to those acts punished under Article the room of Ameerah and Sarah;
320 of the RPC. The established evidence only showed that the People v. Al-Saad 15 Mar 2021
4.4. She bought four (4) liters of gasoline from
appellant intended to burn his own house, but the conflagration 1. Arson is present when: Optimus Shell at 2:59 am;
spread to the neighboring houses.
1.1. there is intentional burning; and 4.5. She and her child rode a tricycle going home and
1.2. what is intentionally burned is an inhabited house picked up something at Optimus Shell;
People v. Abayon 2016 or dwelling. 4.6. When she alighted from the tricycle, the driver
2. Here, accused-appellant deliberately set re to their house noticed a liquid substance on the oor of his
There is no complex crime of arson with (multiple) homicide.
which resulted in the deaths of its two inhabitants. tricycle and when he wiped it, it smelled of gas;
In cases where both burning and death occur, it is de rigueur to
2.1. Her acts before, during, and after the re 4.7. At around 3:20 am, Morallos saw her come back;
ascertain the main objective of the malefactor:
established beyond reasonable doubt her guilt of 4.8. Morallos noticed Mae was hiding something;
a) if the main objective is the burning of the building or
committing the acts alleged in the Information.
edi ce, but death results by reason or on the occasion of 4.9. She instructed Grace to buy pandesal at 3:00 am;
arson, the crime is simply arson, and the resulting 3. Resort to circumstantial evidence is sanctioned by law,

rediscounted rate by representing to him that she had enough funds

4.10. She was admittedly at the guard house when the 2.1. the nding of lost property;
in her account to cover them.
re was ongoing;
2.2. the failure of the nder to deliver the same to the
Deceit and damage are essential elements in Article 315 (2-d), but
4.11. Miciano retrieved the CCTV of the gas station local authorities or its owner.
are not required in BP 22. Other di erences between the two also
and it showed Mae together with Leila purchasing
include the following: 3. Here, it was proven that Word lost his bundled money after
gasoline.
alighting from his car in front of his residence and
1) a drawer of a dishonored check may be convicted under BP
5. In ne, accused-appellant's guilt for the o ense of Arson forgetting that he had placed them in between his legs.
22 even if he had issued the same for a preexisting
with Homicide has been proven beyond reasonable doubt.
obligation, while under Article 315 (2-d), such 4. All three accused admitted that it was the accused-minor
See Criminal Law Case Digest No. 32 circumstance negates criminal liability; who found the bundle of money in front of the bakery,
which they later divided among themselves.
2) speci c and di erent penalties are imposed in each of the
two o enses; 5. Despite knowing that the money did not rightfully belong
2018 re Estafa through false checks vis-a-vis to them, Pante encouraged the two minor accused to keep
Batac v. People 3) estafa is essentially a crime against property, while
BP 22 the money for themselves.
violation of BP 22 is principally a crime against public
The CA a rmed the decision of the RTC nding Batac guilty interest as it does injury to the entire banking system; 5.1. He also appropriated the money for himself by
beyond reasonable doubt of Estafa de ned under Article 315, buying various items.
4) violations of Article 315 are mala in se, while those of BP
paragraph 2(d) committed against Frias. Jurisprudence has
22 are mala prohibita. 6. The question of whether criminal appropriation of found
consistently held that such estafa consists of the following elements:
property can be committed by a person other than the one
1) the o ender has postdated or issued a check in payment of by whom the property is rst found has been discussed and
an obligation contracted at the time of the postdating or answered in the a rmative in People v. Avila.
Pante v. People 18 Jan 2021
issuance;
7. A " nder" under Article 308, par. 2(1) of the RPC is not
Doctrinal Rule
2) at the time of postdating or issuance of said check, the only limited to the actual nder of the lost property since
o ender has no funds in the bank or insu cient; and A "finder" under Article 308, par. 2(1) of the RPC is not only limited the gist of the o ense is the furtive taking and
to the actual finder of the lost property since the gist of the offense is the misappropriation of the property found.
3) the payee has been defrauded.
furtive taking and misappropriation of the property found.
8. Instead of returning the money, Pante convinced his
In People v. Reyes, the Court ruled that for estafa under the above
provision to prosper, the issuance of the check must have been 1. Pante is guilt beyond reasonable doubt of the crime of co-accused minors not to return the money and to divide it
Theft. among themselves.
the inducement for the other party to part with his money or
property. 2. Under Article 308, par. 2 (1) of the RPC, Theft is also 9. The rationale for the " nder in law" concept is precisely to
committed by one's failure to deliver lost property to its protect the owner of the lost property in the event the lost
The prosecution su ciently demonstrated Batac's deceit when it
owner or local authorities. Here, it is essential to prove: property is transferred from one individual to another and
established that the latter induced Frias into buying the checks at a

to prevent the " nder in law" from escaping liability by the prosecution's evidence. guardianship, or vigilance, between the appellant and the o ended
claiming that he was not the actual nder thereof but was party that might create a high degree of con dence between them
4.1. While Albotra claims that he led a case for illegal
merely entrusted custody thereof by someone who had no which the appellant abused.”
gambling against a person but the same was
intention to appropriate the same.
dismissed, no proof was adduced in this regard.
10. Thus, petitioner guilty beyond reasonable doubt of the
4.2. Moreover, he did not produce the bag and masiao Brokmann v. People 2012
crime of Theft.
tips he allegedly con scated from Quintin, which
are the corpus delicti of the crime committed by Brokmann was convicted of the crime of estafa, under Art 315, par
Quintin. 1(b). The o ense of estafa, in general, is committed either by
a) abuse of con dence (Par 1) or
Albotra v. People 16 Nov 2020 b) means of deceit (Par 2).
1. The essential elements of Theft are: Deceit is not an essential requisite of estafa by abuse of
People v. Cahilig 2014 re Qualified Theft
1.1. taking of personal property; confidence; the breach of con dence takes the place of fraud or
The elements of Quali ed Theft, committed with grave abuse of deceit, which is a usual element in the other estafas. In this case, the
1.2. the property taken belongs to another; charge against the petitioner and her subsequent conviction was for
con dence, are as follows:
1.3. the taking was done without the owner's consent; estafa committed by abuse of con dence. Thus, it was not necessary
1. Taking of personal property;
for the prosecution to prove deceit as this was not an element of the
1.4. there was intent to gain; and
2. That the said property belongs to another; estafa that the petitioner was charged with.
1.5. the taking was done without violence against or
3. That the said taking be done with intent to gain;
intimidation of the person or force upon things.
4. That it be done without the owner’s consent; Espino v. People 2013
2. Here, the prosecution satisfactorily proved that Albotra
took the bag belonging to Ramos without the latter's 5. That it be accomplished without the use of violence or
The crime charged was estafa under Art 315, par 1(b). However,
consent and with intent to gain. intimidation against persons, nor of force upon things;
the crime the accused was convicted of was estafa under par 2(a).
3. Both the RTC and CA found that Ramos convincingly 6. That it be done with grave abuse of con dence.
Estafa under paragraph 2(a) is swindling by means of false
testi ed that he saw Albotra enter Diego's house, grab his Cahilig took money from WPESLAI and its depositors by taking pretense. In this case, there was no use of a ctitious name, or a
bag, and hurriedly leave with said bag. advantage of her position as cashier. Her intent to gain is clear in the false pretense of power, in uence, quali cations, property, credit,
3.1. Diego and Mercado, both of whom bad witnessed use of a carefully planned and deliberately executed scheme to agency, or business. The Court deems it wiser to give the o ense its
the incident, corroborated Ramos' testimony. commit the theft. true, formal name – that of estafa through abuse of
4. The alleged police operation against Illegal Gambling was Grave abuse of confidence, as an element of Quali ed Theft, con dence under paragraph 1(b).
not satisfactorily established and could not stand against “must be the result of the relation by reason of dependence,

of estafa. Lito Corpuz v. People 2014 En Banc

First, personal property in the form of the checks was received
by the o ender in trust or on commission, with the duty to No speci c type of proof is required to show that there was
deliver it to Mr. Banaag. demand. Demand need not even be formal; it may be verbal. The
People v. Maglaya
Second, the accused rediscounted the checks to his aunt-in-law. speci c word “demand” need not even be used to show that it has
Under the facts proven, appellant is guilty of the crime of theft. indeed been made upon the person charged, since even a mere
Third, this rediscounting resulted in the wrongful encashment
It is true that the machines speci ed in the information were query as to the whereabouts of the money [in this case,
of the checks by someone who was not the payee and therefore
delivered to him by his prospective customers, but the physical property], would be tantamount to a demand.
not lawfully authorized to do so.
possession thus secured by him did not vest in him the juridical
The prosecution was able to prove the existence of all the elements
Finally, this wrongful encashment prejudiced KN Inc., which possession necessary for the crime of estafa.
of the Estafa under Article 315 par(1)(b). Private complainant gave
lost the proceeds of the check.
Although appellant had taken advantage of his position in petitioner the pieces of jewelry in trust, or on commission basis with
Thus, the Information in this case may be interpreted as charging committing the crime aforementioned, We do not believe he had an obligation to sell or return the same within sixty (60) days, if
the accused with both estafa under paragraph 1(b) and estafa under acted with grave abuse of con dence and can be convicted of unsold. There was misappropriation when petitioner failed to remit
paragraph 2(a). quali ed theft, because his employer had never given him the the proceeds of those pieces of jewelry sold, or if no sale took place,
possession of the machines involved in the present case or allowed failed to return the same pieces of jewelry within or after the agreed
him to take hold of them, and it does not appear that the former had period despite demand from the private complainant, to the
Guzman v. CA any special con dence in him. prejudice of the latter.
As appellant converted to his own use proceeds of sales of

merchandise delivered to him as agent, which he received in trust for
People v. Nery People v. Fernandez 2014
and under obligation to deliver and turn over to his principal, he is
guilty of the crime of estafa as de ned by Article 315, paragraph The accused in the present case insists that there is no prohibition in We point out that conviction under the Labor Code for illegal
1, subparagraph (e). The next question is whether the present our law to prevent the parties to a contract to novate it so that any recruitment does not preclude punishment under the RPC for
information for qualified theft alleges sufficient facts to sustain a incipient criminal liability under the rst is thereby avoided. the crime of estafa.
conviction for estafa. The novation theory may perhaps apply prior to the ling of The appellant’s act of falsely pretending to possess power and
An essential element of the crime of estafa is that the money or the criminal information in court by the state prosecutors. But quali cations to deploy the complainants to Hongkong, even if he
goods misappropriated or converted by the accused to the prejudice after the justice authorities have taken cognizance of the crime and did not have the authority or license for the purpose, undoubtedly
of another was received by him "in trust or on commission, or for instituted action in court, the o ended party may no longer divest constitutes estafa under Article 315(2)(a). The elements of deceit
administration, or under any other obligation involving the duty to the prosecution of its power to exact the criminal liability, as and damage are clearly present; the appellant’s false pretenses were
make delivery of, or to retain the same". No such allegation distinguished from the civil. The crime being an o ense against the the very cause that induced the complainants to part with their
appears in the above information. Consequently, we agree with state, only the latter can renounce it. money.
appellant that he can not be convicted thereunder of the crime

that two or more persons are killed or that aside from the homicide,
3.1. The intent to rob must precede the taking of
Ablaza v. People 2018 re Robbery rape, intentional mutilation, or usurpation of authority, is
human life but the killing may occur before,
committed by reason or on the occasion of the crime. Likewise
during or after the robbery.
Paragraphs one to four of Article 294 indisputably involve the use of immaterial is the fact that the victim of homicide is one of the
violence against persons. The actual physical force in icted results in robbers; the felony would still be robbery with homicide. Once a 4. However, the o ense should have been designated as
death, rape, mutilation or the physical injuries therein enumerated. homicide is committed by or on the occasion of the robbery, the robbery with homicide alone, regardless of the number of
The simple robbery under paragraph ve may cover physical injuries felony committed is robbery with homicide. All the felonies homicides or injuries committed.
not included in paragraphs two to four. Thus, when less serious or committed by reason of or on the occasion of the robbery are 4.1. These other felonies have, at the most and under
slight physical injuries are inflicted upon the offended party on the integrated into one and indivisible felony of robbery with appropriate circumstances, been considered merely
occasion of a robbery, the accused may be prosecuted for and convicted homicide. The word "homicide" is used in its generic sense. as generic aggravating circumstances which can be
of robbery under paragraph five. It seems obvious that intimidation Homicide, thus, includes murder, parricide, and infanticide. o set by mitigating circumstances.
is not encompassed under paragraphs one to four since no actual
physical violence is in icted; evidently then, it can only fall under See Criminal Law Case Digest No. 53
paragraph ve. People v. Labuguen 24 Feb 2020
1. Robbery with homicide exists when a homicide is People v. Mejares 2018 re Theft
People v. Domasig 2018 re Robbery with homicide committed either by reason, or on occasion, of the robbery.
The SC has been consistent in holding that intent to gain or animus
A conviction of robbery with homicide requires certitude that the 2. The prosecution must prove the following elements: lucrandi is an internal act that is presumed from the unlawful taking
robbery is the main purpose, and the objective of the malefactor and 2.1. the taking of personal property belonging to by the o ender of the thing subject of asportation. Thus, actual
the killing is merely incidental to the robbery. The intent to rob another gain is irrelevant as the important consideration is the intent to
must precede the taking of human life but the killing may occur gain.
2.2. with intent to gain;
before, during or after the robbery. What is crucial for a
2.3. with the use of violence or intimidation against a The value of personal property in quali ed theft must be proven
conviction for the crime of robbery with homicide is for the
person; and during trial. Since the penalty in cases of theft is dependent on the
prosecution to firmly establish the offender's intent to take
value of stolen personal properties, it is critical to ensure that the
personal property before the killing, regardless of the time when 2.4. on the occasion or by reason of the robbery, the
penalty is based on the value proven during trial, and not merely on
the homicide is actually carried out. crime of homicide, as used in the generic sense, was
the Information or uncorroborated testimonies presented by the
committed.
prosecution.
3. A conviction needs certainty that the robbery is the central
People v. Layug 2017 re Robbery with homicide
purpose and objective of the malefactor and the killing is
It is immaterial that the death would supervene by mere accident; or merely incidental to the robbery. 2016 re Estafa by misappropriation or
Cheng v. People
that the victim of homicide is other than the victim of robbery, or conversion

Jewelries were delivered to the accused by the owner for her to sell money in Multitel; and correctly found probable cause for Estafa only against him.
them and remit the proceeds to the latter. The accused failed to However, as stated, this criminal case for Estafa may not be
d) Baladjay and her co-accused defrauded the private
remit the proceeds to the owner. Instead she issued her checks to pay initiated anymore due to his death.
complainants, obviously to the latter's prejudice.
for the jewelries but the checks bounced upon being presented for
payment in the bank. Is the accused liable for estafa? See Remedial Law Case Digest No. 46
YES. The essence of this kind of Estafa is the appropriation or Debuque v. Nilson 10 May 2021
conversion of money or property received to the prejudice of the 2018 re Civil Fraud
People v. Aquino
entity to whom a return should be made. To misappropriate for 1. Remo v. Devanadera clari es the standards on what
one's own use includes not only conversion to one's personal constitutes a syndicate under PD 1689, to wit: Not all proposals to invest in certain business ventures are tainted
advantage, but also every attempt to dispose of the property of 1.1. The group must be at least ve (5) in number. with fraud. To be sure, an actionable fraud arises when the accused
another without right. In proving the element of conversion or has knowledge that the venture proposed would not reasonably
1.2. The group must have formed or managed a rural
misappropriation, a legal presumption of misappropriation yield the promised results, and yet, despite such knowledge,
bank, cooperative, "samahang nayon," farmer's
arises when the accused fails to deliver the proceeds of the sale or to deliberately continues with the misrepresentation.
association or any other corporation or association
return the items to be sold and fails to give an account of their As case law instructs, "the gravamen of the crime of Estafa is the
that solicits funds from the general public.
whereabouts. employment of fraud or deceit to the damage or prejudice of
1.3. The group formed or managed such association
another. When fraud pertains to the means of committing a crime
with the intention of carrying out an unlawful or
or the classes of crimes under Estafa; otherwise, if fraud merely
People v. Baladjay 2017 re Syndicated Estafa illegal act, transaction, enterprise or scheme i.e.,
causes loss or injury to another, without being an element of a
they used the very association that they formed or
Clearly, all the elements of Syndicated Estafa obtain in this case, crime, then it may only be classi ed as civil fraud from which an
managed as the means to defraud its own
considering that: action for damages may arise.
stockholders, members and depositors.
a) more than ve (5) persons are involved in Multitel's grand 2. Here, there is NO existing syndicate in which Ramon
fraudulent scheme, including Baladjay and her co-accused - and the other accused had any participation. Anti-Fencing Law
who employed deceit, false pretenses and representations to 1
the private complainants regarding a supposed lucrative 3.1. Atty. Debuque acted on his own, without the PD 1612
investment opportunity with Multitel in order to solicit participation or involvement of Ramon or the
money from them; other accused.
a Fencing
b) the said false pretenses and representations were made prior 3.2. It was not shown that Ramon performed any overt
act in consonance with Atty. Debuque's intent to 1) Fencing is the act of any person who,
to or simultaneous with the commission of fraud;
defraud Nilson. a) with intent to gain for himself or for another,
c) relying on the false promises and misrepresentations thus
employed, private complainants invested their hard-earned 4. The DOJ Secretary, in his August 23, 2007 Resolution,

b) shall buy, receive, possess, keep, acquire, conceal, sell Presumption of Fencing documents to show.
or dispose of, or shall buy and sell, or in any other
Mere possession of any good, article, item, object, or anything of
manner deal in any article, item, object or anything of
value which has been the subject of robbery or thievery shall be
value Lim v. People 2016
prima facie evidence of fencing.
c) which he knows, or should be known to him, The prosecution failed to establish that theft had been committed.
d) to have been derived from the proceeds of the crime b Exception While the CA correctly ruled that conviction of the principal in
of robbery or theft. the crime of theft is not necessary for an accused to be found
(1) With Clearance or Permit to Sell guilty of the crime of fencing, we disagree with its ruling that the
2) Fence includes any person, rm, association corporation or
The clearance stated in Sec. 6 of PD 1612 is only required if several prosecution su ciently proved the DPWH's ownership of the
partnership or other organization who/which commits the act conditions are met: Komatsu Grader. Thus, it cannot be said that the rst element of
of fencing.
1. first, that the person, store, establishment or entity is in the fencing had been established.
3) Liability of Officials of Juridical Persons. — If the fence is business of buying and selling of any good, article, item, Even assuming arguendo that theft had been committed, the third
a partnership, rm, corporation or association, the president object, or anything of value; element of fencing is wanting in this case. On the presumption that
or the manager or any o cer thereof who knows or should
2. second, that such thing of value was obtained from an fencing had been committed as provided by Sec. 5 of PD 1612, we
have known the commission of the o ense shall be liable.
unlicensed dealer or supplier thereof; and rule that petitioner was able to overcome the same upon his
Elements presentation of the A davit of Ownership which he secured
3. third, that such thing of value is to be o ered for sale to the from Petronilo Banosing.
(based from the 2016 case of Lim v. People) public.
It appears that both the RTC and the CA ruled that petitioner
1. A crime of robbery or theft has been committed;
2012 should have rst secured a Clearance or a permit from the police.
Dimat v. People
2. The accused, who is NOT a principal or accomplice in the However, said provision is inapplicable to the present case. Nowhere
commission of the crime of robbery or theft, buys, receives, Dimat was found guilty of violating the Anti-Fencing Law for was it established that petitioner was engaged in the business of buy
possesses, keeps, acquires, conceals, sells or disposes, or buys selling to Sonia Delgado for gain the Nissan Safari that was earlier and sell.
and sells, or in any manner deals in any article, item, object or carnapped from Mantequilla.
NB: This case modi es the Dimat ruling in that an accessory
anything of value, which has been derived from the proceeds
Dimat claims lack of criminal intent as his main defense. But PD of the theft or robbery may be held liable under the Anti-Fencing
of the said crime;
1612 is a special law and, therefore, its violation is regarded as Law.
3. The accused knows or should have known that the said article, malum prohibitum, requiring no proof of criminal intent. Dimat
item, object has been derived from the proceeds of the crime of knew that the Nissan Safari he bought was not properly
robbery or theft; and documented. He said that Tolentino showed him its old certi cate Uypitching v. Quiamco
4. There is on the part of the accused, intent to gain for himself of registration and o cial receipt. But this certainly could not be
true because, the vehicle having been carnapped, Tolentino had no Quiamco was approached by Gabalan to settle the civil aspect of a
or for another.

case by leaving with Quiamco a motorcycle and its photocopied CR. no longer has the right to institute proceedings against the circumstances.
It turned out that the motorcycle was bought on installment from o ender. (Pilapil v. Ibay-Somera)
RUSI by Gabalan who defaulted in his payments, and the object of
336 Acts of lasciviousness
2. It is not necessary that there be a valid marriage.
a chattel mortgage foreclosure. Is there fencing? NO, the 1) O ender commits any act of lasciviousness or lewdness;
3. Direct proof of carnal knowledge is not necessary.
motorcycle was not the object of theft.
4. Each sexual intercourse constitutes a crime of adultery. It is not 2) Such act is committed against any person of either sex;
a continuing o ense. 3) It is done:
K Crimes Against Chastity 334 Concubinage a) by using force or intimidation;
b) when the o ended party is deprived of reason or
Adultery Acts Punished
otherwise unconscious;
Concubinage 1) Keeping a mistress in the conjugal dwelling;
c) by means of fraudulent machination or grave
2) Having sexual intercourse, under scandalous circumstances, abuse of authority;
Acts of lasciviousness
with a woman who is not his wife;
d) when the o ended party is below 12 (penalty is
Seduction and Abduction 3) Cohabiting with her in any other place. RT med as per RA 7610) or is demented.
Elements
Anti-Photo and Video Voyeurism Act of 2009 Seduction and Abduction
1) There is a married man;
Special Protection of Children Against Child Abuse, 337 Quali ed seduction
2) He committed any of the acts punished;
Exploitation, and Discrimination Act 1) Of a minor, 16 and over but under 18, by any person in
3) As to the concubine, that she knows the man to be married.
public authority, priest, home-servant, domestic, guardian,
333 Adultery teacher, or any person who, in any capacity, shall be
NOTES
entrusted with the education or custody of the minor;
1) There is a married woman; 1. Scandal is produced when:
2) Of a sister by her brother, or descendant by ascendant.
2) She has sexual intercourse with a man not her husband; a) the man and his mistress live in the same room of a house,
Elements
3) As to the paramour, that he knows the woman is married. b) they appear together in public, and
1) O ended party is 16 and over, but under 18;
c) perform acts in sight of the community which gives rise to
NOTES 2) O ender has carnal knowledge with o ended party;
criticism and general protest among the neighbors. This is
1. Where the o ended party in an adultery case obtains a divorce in best proven by people in the vicinity. 3) There is abuse of authority, con dence or relationship on
his country before the adultery proceedings are commenced, he the part of the o ender.
2. When spies are employed, there is no evidence of scandalous

338 Simple seduction or reputation;

c) grandparents, or
1) O ended party is 16 and over, but under 18; 2) It is against her will;
d) legal guardians in the order in which they are named above.
2) O ender has carnal knowledge with o ended party; 3) With lewd designs.
3. Pursuant to RA 8353, Rape may be prosecuted de oficio.
3) By means of deceit. 4. In adultery and concubinage, criminal proceeding can not be
NOTES instituted without including both the guilty parties, if they are
339 Acts of lasciviousness with consent
1. There can only be one complex crime of forcible abduction both alive, nor, in any case, if he shall have consented or
with rape. Thus, the succeeding rapes should each be counted pardoned the o enders. (Sec 5 Rule 110, Art 344)
1) O ender commits acts of lasciviousness;
separately against the accused. 5. When complexed with another crime, can be prosecuted de
2) Upon a woman who is a virgin or single or widow of good
2. There is no complex crime of forcible abduction with oficio.
reputation, over 12 but under 18, or a sister or descendant
attempted rape, as the latter is deemed absorbed by the former. Rules on Pardon
regardless of reputation or age.
There is only forcible abduction.
3) Through abuse of authority, con dence, relationship, or 1. It is a bar to prosecution for adultery and concubinage. It may be
deceit. 343 Consented abduction expressed or implied. Must come before the institution of the
criminal action and both o enders must be pardoned.
340 Corruption of minors 1) O ended party must be a virgin;
2. Express pardon is a bar to prosecution for seduction, abduction,
2) Over 12, under 18; rape or acts of lasciviousness. (par 3)
1) O ender promotes or facilitate the prostitution or
corruption of persons under age; 3) Taking away must be with consent after solicitation or 3. Pardon must rst be granted by the o ended party. Only when
cajolery from o ender; she is incapacitated, or dead, can the parents, grandparents,
2) Such is to satisfy the lust of another.
4) With lewd designs. guardians take her place in pardoning the o ender. Pardon by
341 White slave trade the parent, must be accompanied with that of the girl and
Prosecution of the crimes of adultery, concubinage, seduction,
vice-versa.
Acts penalized abduction, and acts of lasciviousness
4. Marriage between the parties bene ts all accused. This does not
1) Engaging in the business of prostitution; 1. Adultery and concubinage must be prosecuted upon
apply when there are multiple principals by direct participation.
2) Pro ting from it; complaint signed by the o ended spouse.
5. For rape, marriage only bene ts the principal.
3) Enlisting the services of women for such purpose. 2. Seduction, abduction, rape or acts of lasciviousness must be
prosecuted upon complaint signed by - Civil liability of persons guilty of crimes against chastity
342 Forcible abduction a) To indemnify the o ended woman.
a) o ended party,
1) Person abducted is any woman, regardless of age, civil status b) her parents, b) To acknowledge the o spring, unless the law should prevent

him from doing so. a De nition of Terms b Prohibited Acts

c) In every case to support the o spring. 1) Broadcast means to make public, by any means, a visual image 1) Prohibited Acts
1. Only indemnity is possible in adultery or concubinage. Children with the intent that it be viewed by a person or persons.
a) Take photo or video of a sexual act or capture image
born from such o enses may not be recognized and are born 2) Capture with respect to an image, means to videotape, of private area of a person without consent;
from the o enders themselves. Thus, they may not be granted photograph, lm, record by any means, or broadcast.
support. b) Copy or reproduce, or
3) Female breast means any portion of the female breast.
2. Art 2219 of the Civil Code provides that moral damages may be c) Sell or distribute, or
recovered in seduction, abduction, rape, or other lascivious 4) Photo or video voyeurism means the act of taking photo or
d) Publish or broadcast, or cause same such photo or
acts, as well as adultery and concubinage. The parents of the video coverage of a person or group of persons performing
video, in means of print, broadcast media, or through
female seduced, abducted, raped or abused may also recover sexual act or any similar activity or of capturing an image of
VCD/DVD, internet, cellphone, or other devices.
moral damages. the private area of a person or persons without the latter's
consent, under circumstances in which such person/s has/have 2) The prohibition under paragraphs (b), (c) and (d) shall apply
3. If there are multiple o enders in rape, all must support the a reasonable expectation of privacy, or the act of selling, notwithstanding that consent to record or take photo or video
o spring. copying, reproducing, broadcasting, sharing, showing or coverage of the same was given by such person/s.
4. Only indemnity is allowed in rape of a married woman. exhibiting the photo or video coverage or recordings of such 3) Exemption. — Any peace o cer who is authorized by a
sexual act or similar activity through VCD/DVD, internet, written order of the court to use the record or any copy as
Persons who cooperate as accomplices but are punished as
cellular phones and similar means or device without the evidence in any civil, criminal investigation or trial of the crime
principals
written consent of the person/s involved, notwithstanding that of photo or video voyeurism is not liable. Such written order
1) Ascendants; consent to record or take photo or video coverage of same was shall only be issued
2) Guardians; given by such person's.
a) upon written application and
3) Curators; 5) Private area of a person means the naked or undergarment
b) the examination under oath of the applicant and his
clad genitals, public area, buttocks or female breast of an
4) Teachers; and witnesses, and
individual.
5) Any other person who cooperates as an accomplice with c) upon showing that there are reasonable grounds to
6) Under circumstances in which a person has a reasonable
abuse of authority or con dential relationship. believe that photo or video voyeurism has been
expectation of privacy means believe that he/she could
committed or is about to be committed, and
disrobe in privacy, without being concerned that an image or a
private area of the person was being captured; or d) that the evidence to be obtained is essential to the
Anti-Photo and Video Voyeurism Act of 2009 circumstances in which a reasonable person would believe that conviction of any person for, or to the solution or
1
RA 9995 a private area of the person would not be visible to the public, prevention of such.
regardless of whether that person is in a public or private place.

Special Protection of Children Against Child Acts of carnal Article 266-A(1) Article 266-A(1) under
Acts of
2 Abuse, Exploitation, and Discrimination Act Lasciviousness knowledge in relation to Art. in relation to Art. Article
Lasciviousness
RA 7610, as amended under Article 336 266-B of the 266-B of the 266-A(1)
committed
of the RPC in RPC: reclusion RPC: reclusion of the
against
relation to perpetua, except perpetua RPC:
a Child Prostitution and Other Acts of Abuse children NA
Section 5(b) of when the victim is reclusion
exploited in
R.A. No. 7610: Lascivious below 7 years old perpetua
(1) Compare Prosecution for Acts of Lasciviousness Under prostitution or
reclusion temporal conduct under in which case
Art. 366, RPC, and RA 7610, as amended other sexual
in its medium Section 5(b) of death penalty
Rape under RPC from sexual child abuse abuse
period R.A. No. 7610: shall be imposed
1. Under 12 prosecute as Statutory Rape under RPC; penalty reclusion temporal
is RP Sexual Assault in its medium Sexual Assault Sexual
Sexual Assault Lascivious
under Article period to under Article Assault
prosecute as Acts of Lasciviousness under RPC, but committed Conduct under
266-A(2) of the reclusion perpetua 266-A(2) of the under
penalty provided under Sec. 5 (b), RA 7610 which is RT med. against Section 5(b) of
RPC in relation RPC in relation Article
children Rape by R.A. No. 7610:
2. Over 12 but Under 18 either Rape under RPC (if any of 4 to Section 5(b) of NA to Section 5(b) of 266-A(2)
exploited in Sexual Assault reclusion temporal
circumstances occur) R.A. No. 7610: R.A. No. 7610: of the
prostitution or in its medium
reclusion temporal reclusion temporal RPC:
or RA 7610 if victim is “subjected to other sexual abuse” or other sexual period to
in its medium in its medium prision
under persuasion, inducement, enticement, coercion or abuse reclusion perpetua
period period mayor
in uence (PIECI) where penalty is RT medium to RP.
3. Over 18 Rape under RPC; Rape under
Sexual
Article 266-A(1) 2019 En Banc
Acts of Lasciviousness under RPC (prision correccional). Intercourse Sexual Abuse Tulagan v. People
of the RPC:
Designation of the Crime & Imposable committed under Section
reclusion perpetua, If the acts constituting sexual assault are committed against a victim
Penalty from Tulagan v. People 2019 En Banc against 5(b) of R.A. No.
except when the under 12 years of age or is demented, the nomenclature of the
children 7610: reclusion NA
victim is below 7 o ense should now be "Sexual Assault” under paragraph 2, Article
Age of Under 12 years 12 years old or 18 years exploited in temporal in its
years old in which 266-A of the RPC in relation to Section 5(b) of R.A. No. 7610. The
Victim old or demented below 18, or 18 old and prostitution or medium period to
case death imposable penalty is still reclusion temporal in its medium period,
under special above other sexual reclusion perpetua
penalty shall be and not prision mayor.
Crime circumstances abuse
imposed Whereas if the victim is 12 years old and under 18 years old, or
Committed
18 years old and above under special circumstances, the
Rape by Rape under Rape under Rape

nomenclature of the crime should be "Lascivious Conduct under 350 Marriage contracted against provisions of laws
a) There is a legitimate child;
Section 5(b) of R.A. No. 7610" with the imposable penalty of
b) O ender conceals or abandons him; 1) O ender contracted marriage.
reclusion temporal in its medium period to reclusion perpetua, but it
should not make any reference to the provisions of the RPC. c) Has the intent to cause the loss of civil status of such child. 2) He knew at the time that —
It is only when the victim of the sexual assault is 18 years old and 2. The unlawful sale of a child by its father is not a crime under Art a) the requirements of the law were not complied
above, and not demented, that the crime should be called as "Sexual 347. with; or
Assault under paragraph 2, Article 266-A of the RPC" with
b) the marriage was in disregard of a legal impediment.
the imposable penalty of prision mayor. 348 Usurpation of civil status
352 Performance of illegal marriage ceremony
1. The crime is committed when a person represents himself to
be another and assumes the liation or the parental or 1) O ender is a priest or minister, or civil authority.
Crimes Against the Civil Status of conjugal rights of such another person.
L 2) He is authorized to solemnize marriages.
Persons 2. Civil status includes one's public station, or the rights,
duties, capacities and incapacities which determine a person 3) He performs an illegal marriage ceremony.
Simulation of births, substitution of one child for
to a given class.
347 another, and concealment or abandonment of a NOTES
legitimate child 3. Thus, usurpation of profession may be punished under
Art 348. 1. Validity of second marriage is a prejudicial question. Judgment
Acts punished of annulment of second marriage precludes the verdict of guilt.
4. There must be intent to enjoy the rights arising from the
1) Simulation of births. civil status of another. 2. The second spouse is not necessarily liable for bigamy. But, if
such spouse knew of the rst marriage, he/she is an accomplice.
2) Substitution of one child for another. 5. The purpose of defrauding qualifies the crime. One who vouched for the capacity of either is also an
3) Concealing or abandoning any legitimate child with intent accomplice.
349 Bigamy
to cause such child to lose its civil status.
3. There is no double jepoardy if concubinage is led after
a) There is a legitimate child; 1) O ender has been legally married. bigamy.
b) O ender conceals or abandons him; 2) Marriage has not been legally dissolved or, in case his or her 4. If accused contracted a second marriage that is void for lack of
spouse is absent, the absent spouse could not yet be marriage license, but he knows of this missing requisite, then he
c) Has the intent to cause the loss of civil status of
presumed dead. is liable under Art 350, and not Art 349.
such child.
3) Contracts a second or subsequent marriage.
NOTES 4) Such second marriage is deemed valid. Mercado v. Tan
1. Concealing or abandoning any legitimate child, requisites:

A judicial declaration of nullity of a previous marriage is necessary valid and subsisting when the second marriage was contracted. The
before a subsequent one can be legally contracted. One who enters Santiago v. People 2015 crime of bigamy, therefore, is consummated when the second marriage
into a subsequent marriage without rst obtaining such judicial was celebrated during the subsistence of the voidable first marriage.
declaration is guilty of bigamy. This principle applies even if the The crime of bigamy does not necessary entail the joint liability of The same rule applies if the second marriage is merely considered as
earlier union is characterized by statute as “void.” two persons who marry each other while the previous marriage of voidable.
one of them is valid and subsisting. As explained in Nepomuceno:
That he subsequently obtained a judicial declaration of the 1. The Court NOW categorically rules that a void ab initio
nullity of the rst marriage was immaterial. To repeat, the In the crime of bigamy, both the rst and second spouses may marriage is a valid defense in the prosecution for bigamy
crime had already been consummated by then. be the o ended parties depending on the circumstances, as even without a judicial declaration of absolute nullity.
when the second spouse married the accused without being
2. Thus, a judicial declaration of absolute nullity of either the
aware of his previous marriage. Only if the second spouse had
rst and second marriages obtained by the accused is
Montañez v. Cipriano 2012 knowledge of the previous undissolved marriage of the accused
considered a valid defense in bigamy.
could she be included in the information as a co-accused.
In Tenebro v. CA, we declared that although the judicial 3. For one to be held guilty of bigamy, the prosecution must
Given that petitioner knew of the rst marriage, this Court concurs
declaration of the nullity of a marriage on the ground of prove the following:
with the ruling that she was validly charged with bigamy. However,
psychological incapacity retroacts to the date of the celebration of
we disagree with the lower courts’ imposition of the principal 3.1. that the o ender has been legally married;
the marriage insofar as the vinculum between the spouses is
penalty on her. 3.2. that the rst marriage has not been legally
concerned, it is signi cant to note that said marriage is not
without legal e ects. Among these legal consequences is Her punishment as a principal to the crime is wrong. Archilla dissolved, or in case his or her spouse is absent, the
incurring criminal liability for bigamy. holds that the second spouse, if indicted in the crime of bigamy, is absent spouse could not yet be presumed dead
liable only as an accomplice. according to the Civil Code;
3.3. that he or she contracts a second or subsequent
Bangayan v. Bangayan 2013 marriage; and
Pulido v. People 27 July 2021 En Banc Hernando, J
For bigamy to exist, the second or subsequent marriage must 3.4. that the second or subsequent marriage has all the
have all the essential requisites for validity except for the Doctrinal Rule essential requisites for validity.
existence of a prior marriage. In this case, there was really no 4. Pulido interposed the defense that the subsequent judicial
subsequent marriage. Benjamin and Sally just signed a purported The parties are not required to obtain a judicial declaration of
declaration of nullity of his rst marriage should exculpate
marriage contract without a marriage license. The supposed absolute nullity of a void ab initio first and subsequent marriages in
him from criminal liability for bigamy.
marriage was not recorded with the local civil registrar and the order to raise it as a defense in a bigamy case.
National Statistics O ce. In short, the marriage between Benjamin 5. Article 40 of the Family Code has retroactive application
However, if the first marriage is merely voidable, the accused cannot
and Sally did not exist. They lived together and represented on marriages contracted prior to the e ectivity of the
interpose an annulment decree as a defense in the criminal
themselves as husband and wife without the bene t of marriage. Family Code but only for the purpose of remarriage, as the
prosecution for bigamy since the voidable first marriage is considered

parties are not permitted to judge for themselves the nullity essential elements of bigamy is absent, i.e. a prior valid
of their marriage. marriage.
M Crimes Against Honor
5.1. In order to remarry, a judicial declaration of nullity 9.1. When the rst marriage is void ab initio, the
is required for prior marriages contracted before accused cannot be held liable for bigamy as the 353 Libel
the e ectivity of the Family Code. judicial declaration of its nullity is not tantamount
to annulment nor dissolution but merely a Elements of defamation
5.2. However, in a criminal prosecution for bigamy, the
declaration of a status or condition that no such 1) There must be an imputation of a crime, or of a vice or
parties may still raise the defense of a void ab initio
marriage exists. defect, real or imaginary, or any act, omission, status or
marriage even without obtaining a judicial
declaration of absolute nullity if the rst marriage 10. Article 40 did not amend or repeal Article 349 of the RPC. circumstance.
was celebrated before the e ectivity of the Family 2) The imputation is made publicly.
10.1. Plainly, it does not categorically withhold from the
Code.
accused the right to invoke the defense of a void ab 3) Malicious.
6. Here, Pulido's marriage with Arcon was celebrated when initio marriage even without a judicial decree of
the Civil Code was in e ect while his subsequent marriage absolute nullity in criminal prosecution for 4) Directed to a natural or juridical person, or one who is dead.
with Baleda was contracted during the e ectivity of the bigamy. 5) Must tend to cause the dishonor, discredit or contempt of
Family Code. the person defamed.
10.2. To adopt a contrary stringent application would
6.1. Hence, Pulido is required to obtain a judicial defy the principle that penal laws are strictly
decree of absolute nullity of his prior void ab initio construed against the State and liberally in favor of NOTES
marriage but only for purposes of remarriage. the accused. Defamation, defined
6.2. As regards the bigamy case, however, Pulido may 10.3. Nothing in Article 40 mentions the e ect thereof a) Which includes libel and slander, means the o ense of
raise the defense of a void ab initio marriage even on the criminal liability of the accused in bigamy injuring a person's character, fame or reputation through
without obtaining a judicial declaration of cases. false and malicious statements.
absolute nullity.
11. Lacking an essential element of the crime of bigamy, i.e., a b) It tends to diminish the esteem, respect, good will or
7. The subsequent declaration of the nullity of the rst and prior valid marriage, as per Certi cation and the con dence in the plainti or to excite derogatory feelings or
second marriages constitute a valid defense in bigamy. subsequent judicial declaration of nullity of Pulido and opinions about him.
Arcon's marriage, the prosecution failed to prove that the
8. It must be borne in mind that the requirement of Article c) It is the generic term to libel and slander, the former being
crime of bigamy is committed.
40 is merely for purposes of remarriage and does not a ect in written, while the latter in the oral form.
the accused's right to collaterally attack the validity of the' 11.1. Therefore, the acquittal of Pulido from the bigamy
1ST ELEMENT: Imputation
void ab initio marriage in criminal prosecution for bigamy. charge is warranted.
a) Criminal Act - May be implied from the acts and
9. Clearly, when the rst marriage is void ab initio, one of the See Criminal Law Case Digest No. 25

statements of the accused. Imputation of criminal does not single out individuals, this element is wanting. acted in bad faith.
intention, not libelous. An expression of opinion by one
5TH ELEMENT: Cause dishonor, discredit, contempt i. members of Congress in the discharge of their
a ected by the act of another and based on actual fact is not
functions.
libelous. Such must be made however, in the performance of a) There are as many o enses as there are persons defamed.
a legal, moral or social duty. ii. o cial communication made by public o cer in the
PRESUMPTION OF MALICE
performance of his duties.
b) Vice or defect - such as lascivious or immoral habits. 1. Malice in law presumed from every defamatory imputation
iii. allegations and statements in judicial proceedings.
c) Act or omission - e.g. o ended party used to borrow money even if it is true. Can be rebutted if accused can show
without intention to pay. b) it is conditionally privileged if it is not actionable unless
a) good intention,
made in bad faith.
d) Condition, status or circumstance - calling a person a b) justi able motive, and
bastard or leper; mangkukulam. Paragraph 1: Performance of duty
c) it is true in case the law allows proof of the truth.
2ND ELEMENT: Publicity — is the communication of the 4. Requisites:
2. Not presumed in privileged communications:
defamatory matter to some third person or persons. Delivering a) Person who made the communication has a legal, moral
the article to the typesetter is sufficient publication. Sending a a) private communication made by any person to another in and social duty to make such, or, at least, had an interest to
sealed letter is not publication. If it is unsealed or not shown to the performance of any legal, moral, or social duty. be upheld.
be sealed, there is publication. There is no crime if the b) fair and true report, made in good faith, without any b) Such is addressed to an o cer or a board, or superior having
defamatory imputation is not published. comments or remarks some interest or duty in the matter.
3RD ELEMENT: Malice i) of any judicial, legislative, or other o cial proceedings c) Done in good faith without malice in fact.
a) Malice in fact - express malice, actuated by a desire to which are not of con dential nature or
5. When a copy of a privileged communication is sent to a
impeach the reputation, integrity and honesty of the ii) of any statement, report or speech delivered in said newspaper publication, the privilege is destroyed. It is a matter of
o ended. proceedings, or defense and must be established by the accused. Except, if
b) Malice in law - presumed from a defamatory imputation iii) of any other act performed by public o cers in the contained in an appropriate pleading in a court proceeding, the
(Art 354 par 1). Proof of malice not required. Presumption exercise of their functions. privilege becomes at once apparent.
does not arise in privileged communication.
c) fair commentaries on matters of public interest may still 6. Defense overcome if it is shown that
4TH ELEMENT: Directed at a person, dead or alive. be considered actionable if actual malice is proven. (Borjal v. a) defendant acted with malice in fact, or
a) Identi cation of the o ended party is required, and a third CA)
b) there is no reasonable ground for believing the charge to be
person could identify him as subject of the libelous 3. Prosecution must prove malice in fact in privileged true.
publication. It is essential that the victim be identi able, communication. May be absolute, and conditional or quali ed.
although not necessarily named. If the article is impersonal, 7. If there is probable cause for belief in their truthfulness and the
a) said to be absolute if it is not actionable even if the author

charge is made in good faith, privilege applies. Must be made 358 Slander or oral defamation
5. Libel imputing vice or defect can be prosecuted de oficio
under an honest sense of duty; a self-seeking motive is
destructive. PROOF OF TRUTH Two kinds:
Paragraph 2: Fair and true report 1. Admissible in any of the following: a) Simple slander; and
8. Doctrine of Fair Comment, when the discreditable imputation a) When imputation constitutes a crime whether o ended b) Grave slander.
is directed against a public person in his public capacity, it is not party is a private person or a public o cer. Gravity is determined through:
necessarily actionable. b) Even if imputation is not constitutive of a crime, but against a) Expressions used;
PERSONS RESPONSIBLE FOR LIBEL a Government employee related to the discharge of his
o cial duties. b) Personal relations between parties;
a) Who publishes, exhibits or causes the publication or
2. If defendant proves the truth of his imputation, he shall be c) Circumstances, such as social standing and position of
exhibition of any defamation in writing or similar means.
acquitted. Proof of his good motive and justi able ends are no o ended party.
b) Author or editor of a book or pamphlet.
longer necessary. Probable cause for belief in the truth of the
c) Editor or business manager of a daily newspaper magazine or statement is su cient. NOTES
serial publication. 1. The word "puta", being a common expression in the dialect, may
3. Three requisites of defense:
d) Owner of the printing plant which publishes a libelous not be slander.
a) if it appears that the matter charged as libelous is true;
article, with his consent and all other persons who in any 2. The slander need not be heard by o ended party, but by other
way participate in or have connection with its publication. b) it was published with good motives; people, as the reputation of the former has been besmirched.
1. The prime requisite of libel is not the composing of the article c) and for justi able ends.
359 Slander by deed
but its publication. 4. Retraction may mitigate damages. The retraction should
contain an admission of the falsity of the libelous publication 1) Performs any act not included in any other crime against
2. Venue is determined where
and evince a desire to repair a wrong occasioned thereby. honor;
a) the libelous article is printed and rst published; or
5. Honest mistake is not a complete defense but serves only to 2) In the presence of other person/s;
b) any of the o ended parties actually resides at the time of the
mitigate. 3) Casts dishonor, discredit or contempt upon the o ended
commission of the o ense.
LIBELOUS REMARKS party.
3. Where one of the o ended parties is a public o cer, venue may
be had at his place of designation. 1. On privileged matters, if made with malice in fact, do not exempt
NOTES
the author and editor.
4. O ended party must le complaint for defamation imputing a 1. Gravity may depend on the social standing of o ended party,
crime which cannot be prosecuted de oficio. (Art 344) 2. There is liability when facts are distorted, or remarks are added
circumstances, the occasion, etc.
thereon.

2. Slapping is slander by deed if the intention is to cause shame and People, we ruled that the expression “putang ina mo” is a supposition. If the comment is an expression of opinion, based on
humiliation. common enough utterance in the dialect that is often employed, not established facts, then it is immaterial that the opinion happens to
really to slander but rather to express anger or displeasure. Here, the be mistaken, as long as it might reasonably be inferred from the
3. Kissing a girl in public and touching her breasts without lewd facts.
intention was to show his feelings of resentment and not necessarily
design but only to cast dishonor upon the girl, is slander by deed
to insult the latter. Being a candidate running for vice mayor, New York Times v. Sullivan held that honest criticisms on the
and not acts of lasciviousness.
occasional gestures and words of disapproval or dislike of his person conduct of public o cials and public gures are insulated from libel
4. The nature and e ects of the maltreatment determine the crime are not uncommon. Rogelio Pader is guilty only of slight oral judgments. The guarantees of freedom of speech and press prohibit
committed. If o ended party su ered from shame and defamation. a public o cial or public gure from recovering damages for a
humiliation caused by the maltreatment, it is slander by deed. defamatory falsehood relating to his o cial conduct unless he
5. Common denominator in unjust vexation, slander by deed, and proves that the statement was made with actual malice, i.e., with
acts of lasciviousness is irritation or annoyance. Borjal v. CA knowledge that it was false or with reckless disregard of whether it
Quali edly privileged communications containing defamatory was false or not.
Incriminatory Machinations
imputations are NOT actionable unless found to have been made Ayers Production Pty., Ltd. v. Capulong de ned public gure as a
363 Incriminating innocent persons without good intention or justi able motive. The enumeration person who, by his accomplishments, fame, mode of living, or by
under Art. 354 is NOT an exclusive list of quali edly privileged adopting a profession or calling which gives the public a legitimate
1) O ender performs an act; communications since fair commentaries on matters of public interest in his doings, his a airs and his character, has become a
2) By such he directly incriminates or imputes to an innocent interest are likewise privileged. ‘public personage.’
person the commission of a crime; In United States v. Cañete, the Court ruled that publications which Debate on public issues should be uninhibited, robust and wide
3) Such act is not perjurious. are privileged for reasons of public policy are protected by the open, and that it may well include vehement, caustic and sometimes
constitutional guaranty of freedom of speech. unpleasantly sharp attacks on the government and public o cials.
364 Intriguing against honor
Fair commentaries on matters of public interest are privileged and
1) Committed by any person who shall make an intrigue which constitute a valid defense in an action for libel or slander. The
doctrine of fair comment means that while in general every Tulfo v. People 2021
has for its principal purpose to blemish the honor or
reputation of another. discreditable imputation publicly made is deemed false, because Our libel laws must not be broadly construed as to deter comments
every man is presumed innocent until his guilt is judicially proved, on public a airs and the conduct of public o cials. Unless the
2) It may consist of some trickery, ingenious, crafty and secret
and every false imputation is deemed malicious, nevertheless, when prosecution proves that the defamatory statements were made with
plot.
the discreditable imputation is directed against a public person in his actual malice—that is, "with knowledge that it was false or with
public capacity, it is not necessarily actionable. In order that such reckless disregard of whether it was false or not"—a criminal case for
Pader v. People discreditable imputation to a public o cial may be actionable, it libel involving a public o cer's exercise of o cial functions cannot
must either be a false allegation of fact or a comment based on a false prosper.
Pader was convicted of grave oral defamation. In Reyes v.

good intention and justi able motive is shown. As an

Malice exists when the prosecution proves that the author made the
Chavez v. CA exception to the rule, the presumption of malice is done away with
defamatory statement knowing it was false, or even if true, there is
when the defamatory imputation quali es as privileged
no showing of good intention and justi able motive.
Agbayani supplies a comprehensive restatement of the rules of communication.
venue in actions for criminal libel, following the amendment. The
In the cases at bar, although the open letter was primarily addressed
rules on venue in Article 360 may be restated thus:
Daquer v. People 2021 to then President Aquino, the communication thereof was not
1. Whether the o ended party is a public o cial or a private limited to her alone. It was also published in several newspapers of
The Court has imposed a higher standard for criminal libel where person, the criminal action may be led in the Court of general circulation and was thus made known to the general
the complainant is a public gure, particularly a public o cer. First Instance of the province or city where the libelous public. Thus, the statements made by Brillante during the press
Actual malice—knowledge that the defamatory statement was false, article is printed and rst published. conference and in the open letter do not qualify as privileged
or with reckless disregard as to its falsity—must be proved. It is the
2. If the o ended party is a private individual, the criminal communication.
burden of the prosecution to prove actual malice, not the defense's
action may also be led in the Court of First Instance of the It is likewise settled that a single defamatory statement, if published
to disprove.
province where he actually resided at the time of the several times, gives rise to as many o enses as there are publications.
When the allegedly libelous statement pertains to a matter of public commission of the o ense. This is the “multiple publication rule” which is followed in our
interest, more so when the subject of the statement is a public
3. If the o ended party is a public o cer whose o ce is in jurisdiction, as explained in Soriano v. IAC.
o cer, the prosecution must satisfactorily prove that the petitioner
Manila at the time of the commission of the o ense, the
either knew that the statement was false, or that he acted with
action may be led in the Court of First Instance of
reckless disregard as to whether or not the statement is true.
Manila. Fortich v. CA
4. If the o ended party is a public o cer holding o ce Nothing in the evidence on record would suggest that the key
Guingguing v. People outside of Manila, the action may be led in the Court of elements of publicity are present in the case before us.
First Instance of the province or city where he held o ce
Art. 354 of the RPC, as applied to public gures complaining of Firstly, the assailed letter was obviously part and parcel of the initial
at the time of the commission of the o ense.
criminal libel, must be construed in light of the constitutional investigation surrounding the non-remittance of collections by
guarantee of free expression, and this Court’s precedents upholding petitioner. Secondly, petitioner was unable to prove that the letter
the standard of actual malice with the necessary implication that a was circulated or publicized, much less read by o cers of the
Brilliante v. CA corporation other than those involved in the investigation or those
statement regarding a public gure if true is NOT libelous.
The provision itself allows for such leeway, accepting as a defense The determination of Brillante’s culpability for libel hinges on the directly supervising the petitioner's work.
"good intention and justi able motive." The exercise of free question of whether his statements were made with malice.
expression, and its concordant assurance of commentary on public
Article 354 states, as a general rule, that every defamatory
a airs and public gures, certainly qualify as "justi able motive," if Magno v. People
imputation is presumed to be malicious, even if true, if no
not "good intention."

Dolores Magno was found guilty of two (2) counts of libel. minimum and medium periods is increased to prision corrreccional with the belief that what was being stated is true.
Publication, in the law of libel, means the making of the in its maximum period to prision mayor in its minimum period.
defamatory matter, after it has been written, known to someone The new penalty, therefore, becomes a ictive, following Section 25
other than the person to whom it has been written. If the statement of the RPC. Corrolarily, following Article 90 of the RPC, the crime Disini v. Sec. of Justice 2014 En Banc
is sent straight to a person for whom it is written there is no of libel in relation to RA 10175 now prescribes in fteen (15)
publication of it. VOID PROVISIONS
years. Thus, respondent Eva Rose Pua's ling of the complaint on
In People v. Silvela, the Court ruled that sending an unsealed August 8, 2017 against petitioner's Facebook post dated April 29, 1. Section 4(c)(3) of Republic Act 10175 that penalizes posting
libelous letter to the o ended party constitutes publication. In the 2015 was well within the prescriptive period for libel in relation to of unsolicited commercial communications;
present case, there is no dispute that the unsealed envelope RA 10175. Unsolicited advertisements are legitimate forms of expressions.
containing the libelous letter was handed by Dolores to Evelyn The recipient has the option of not opening or reading these
Arcartado. Inasmuch as Cerelito voluntarily disclosed the contents mail ads. To prohibit the transmission of unsolicited ads would
of Dolores' libelous letter to Evelyn, the act of publication cannot be 2019 re higher standard of malice for cyberlibel deny a person the right to read his emails. Commercial speech is
In re Kapunan
ascribed to Dolores insofar as Evelyn is concerned. However, it directed at public figure a separate category of speech which is not accorded the same
could not be said that there was no publication with respect to level of protection as that given to other constitutionally
Atty. Patajo-Kapunan's statement "it (RA No. 9995) covers everyone
Cerelito's wife, Fe. While the letter in question was addressed to guaranteed forms of expression but is nonetheless entitled to
yung violation of the rights of the privacy eh, the lawyer of Katrina
"Mr. Cerelito & Fe Alejandro," the invectives contained therein were protection.
has been suspended by the Supreme Court" by itself cannot be
directed against Cerelito only. Fe, the wife, is, in context, a third
considered a malicious statement against petitioner. For remarks 2. Section 12 that authorizes the collection or recording of
person to whom the publication was made.
directed against a public gure are privileged. In order to justify a tra c data in real-time;
In all, we nd all the elements of libel to have been su ciently conviction for libel involving privileged communication, the
It threatens the right of individuals to privacy. Although it
established. prosecution must establish that the libelous statements were
limits the collection of tra c data to those “associated with
made or published with actual malice or malice in fact – the
speci ed communications”, this is no limitation at all since it is
knowledge that the statement is false or with reckless disregard as to
the LEAs that would specify the target communications. The
Cybercrime Prevention Act of 2012 whether or not it was true.
1 power is virtually limitless, enabling law enforcement
RA 10175 To prove actual malice, it must be shown that the statement was authorities to engage in “ shing expedition,” choosing whatever
made with the knowledge that it is false or with reckless speci ed communication they want.
Tolentino v. People 2018 re prescriptive period of cyberlibel disregard for the truth. To be considered to have reckless
3. Section 19 of the same Act that authorizes the Department of
disregard for the truth, the false statements must have been made
Justice to restrict or block access to suspected Computer
Section 6 of RA No. 10175 provides that the "penalty to be with a de nite awareness that they are untrue. That the accused was
Data.
imposed shall be one (1) degree higher than that provided for by the negligent of the facts is not enough. The accused must have doubted
Revised Penal Code (RPC), as amended, and special laws, as the case the veracity of the statements that he or she was making. Thus, This is violative of the constitutional guarantees to freedom of
may be." As such, the former penalty of prision correccional in it its errors and inaccuracies may be excused so long as they were made expression and against unreasonable searches and seizures. For

an executive o cer to seize content alleged to be unprotected 4) Material damage results;

without any judicial warrant, it is not enough for him to be of 1. The technically correct way to allege quasi-crimes is to state that
the opinion that such content violates some law, for to do so 5) There is inexcusable lack of precaution taking into
their commission results in damage, either to person or property.
would make him judge, jury, and executioner all rolled into one. consideration the
2. Imprudence indicates de ciency of action, failure in precaution,
4. Section 4(c)(4) that penalizes online libel as VALID and a) employment or occupation,
and can be avoided by taking the necessary precaution once they
CONSTITUTIONAL with respect to the original author of b) degree of intelligence, physical condition, and are foreseen.
the post; but VOID and UNCONSTITUTIONAL with
c) other circumstances regarding persons, time and 3. Negligence indicates de ciency of perception, failure in
respect to others who simply receive the post and react to it; and
place. advertence, and can be avoided by paying proper attention and
5. Section 5 that penalizes aiding or abetting and attempt in the due diligence in foreseeing them.
commission of cybercrimes as VALID and Simple imprudence
CONSTITUTIONAL only in relation to Section 4(a)(1) on 4. Illustrations of inexcusable lack of precaution
1) There is lack of precaution on the part of o ender;
Illegal Access, Section 4(a)(2) on Illegal Interception, Section a) Overtaking notwithstanding there was no room to pass,
4(a)(3) on Data Interference, Section 4(a)(4) on System 2) The damage impending to be caused is not immediate or the resulting to collision with a car approaching from the
Interference, Section 4(a)(5) on Misuse of Devices, Section danger is not clearly manifest. opposite direction.
4(a)(6) on Cyber-squatting, Section 4(b)(1) on
Medical negligence b) Overspeeding, overloading. Two of the passengers standing
Computer-related Forgery, Section 4(b)(2) on
on the right running board of the car died when his car
Computer-related Fraud, Section 4(b)(3) on Computer-related 1) There must be proof of breach of duty on the part of the collided with another.
Identity Theft, and Section 4(c)(1) on Cybersex; but VOID surgeon;
and UNCONSTITUTIONAL with respect to Sections c) Disregarding tra c sign to slow down as he was about to
2) Causal connection of such breach and the resulting death or traverse a school zone.
4(c)(2) on Child Pornography, 4(c)(3) on Unsolicited
injury of patient.
Commercial Communications, and 4(c)(4) on online Libel. d) It was incumbent upon accused to reduce his speed to allow
Imprudence and Negligence the car ahead of him to safely negotiate a left turn at the
intersection.
N Criminal Negligence Par 1. Reckless imprudence resulting in grave, less grave or light
felony; 5. Rules on overtaking:
365 Reckless imprudence Par 2. Simple imprudence or negligence resulting in grave or less a) Always drive on the right side of the road;
serious felony ; b) Overtake only if the highway is clearly visible and free from
1) O ender does or fails to do an act;
Par 3. Reckless imprudence or simple imprudence or negligence oncoming vehicle.
2) Voluntary; causing damage to property (Fine); c) Overtaking while approaching a curve in the highway, where
3) Without malice; Par 4. Simple imprudence or negligence resulting in light felony. the driver's view is obstructed is not allowed.

d) One who overtakes is charged with a high degree of care 12. For a reasonable conclusion of medical negligence:
and diligence to avoid collision. Esteban v. People 2017
a) there must be proof of breach of duty on the part of the
6. Doctrine of last chance is to the e ect that: surgeon; Esteban was convicted of Reckless Imprudence Resulting in
a) both parties are negligent; b) causal connection of such breach and the resulting death or Homicide.
injury of patient. (proximate cause) The records of the case point to the fact that the petitioner who was
b) the negligent act of one is appreciably later in time than that
of the other; or then driving an Isuzu pick-up in a zigzag manner and was trying to
Ivler v. Modesto 2010 overtake a jeep which he was tailing up, suddenly encroached the
c) when it is impossible to determine who's at fault;
opposite lane, thereby colliding against the tricycle which caused the
Reckless Imprudence is a Single Crime
d) the one who had the last clear opportunity to avoid the death of Manuel and serious physical injuries to Felix.
impending harm and failed to do so is chargeable. Quizon rejected Faller's conceptualization of quasi-crimes by
The MCTC did not err in convicting petitioner of three separate
holding that quasi-crimes under Article 365 are distinct species
7. Emergency doctrine applies only quasi-o enses of reckless imprudence resulting in homicide,
of crimes and not merely methods of committing crimes. Indeed,
reckless imprudence resulting in serious physical injuries, and
a) where the situation which arises to confront the actor is the Quizonian conception of quasi-crimes undergirded a related
reckless imprudence resulting in damage to property, and in
sudden and unexpected, and branch of jurisprudence applying the Double Jeopardy Clause to
imposing three separate penalties therefor.
b) such as to deprive him of all opportunity for deliberation. quasi-o enses, barring second prosecutions for a quasi-o ense
alleging one resulting act after a prior conviction or acquittal of a
8. The emergency doctrine may not be applied simultaneously with quasi-o ense alleging another resulting act but arising from the
the doctrine of last chance. Thus, if the case be that of the Sevilla v. People 2014
same reckless act or omission upon which the second prosecution
former, then the latter is inapplicable. was based. The proper designation of the felony should be reckless
9. The failure to render assistance on the spot constitutes a Article 48 Does not Apply to Acts imprudence resulting to falsi cation of public documents and
qualifying circumstance. Penalty will be one degree higher. Penalized Under Article 365 of the not falsi cation of public documents through reckless imprudence.
10. The operator does not owe to the trespasser the duty of ordinary Revised Penal Code
There is no dispute that a variance exists between the o ense alleged
or reasonable care but merely the duty to refrain from wantonly Article 48 is incongruent to the notion of quasi-crimes under against Sevilla and that proved by the prosecution. Reckless
or willfully causing injury to him. Article 365. Hence, prosecutions under Article 365 should imprudence resulting to falsi cation of public documents is an
proceed from a SINGLE charge regardless of the number or o ense that is necessarily included in the willful act of falsi cation
11. Inexcusable lack of precaution in medical practice is
severity of the consequences. In imposing penalties, the judge will of public documents, the latter being the greater o ense. As such, he
determined according to the standard of care observed by other
do no more than apply the penalties under Article 365 for each can be convicted of reckless imprudence resulting to falsi cation of
members of the profession in good standing under similar
consequence alleged and proven. In short, there shall be no splitting public documents notwithstanding that the Information only
circumstances bearing in mind the advanced state of the
of charges under Article 365, and only one information shall be led charged the willful act of falsi cation of public documents.
profession at the time of treatment or the present state of
in the same rst level court.
medical science.

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Criminal Law

Syllabus-based eReviewer for the 2023 Bar

eCodal+Pro by RGL 2 of 171

eCodal+Pro by RGL 3 of 171

eCodal+Pro by RGL 4 of 171

eCodal+Pro by RGL 5 of 171

eCodal+Pro by RGL 6 of 171

eCodal+Pro by RGL 7 of 171

Dinamling v. People 2015 in proving intent to kill.

eCodal+Pro by RGL 8 of 171

resulting in a lacerated wound and cerebral contusions. People v. Gervero 2018

eCodal+Pro by RGL 9 of 171

eCodal+Pro by RGL 10 of 171

boundary marks (313); Malicious mischief (328 and 329,

Having commenced the criminal act by overt acts but failing to

eCodal+Pro by RGL 11 of 171

resolution leading to the perpetration of the same criminal

eCodal+Pro by RGL 12 of 171

crime) over a period of time on a more or less regular basis, having

eCodal+Pro by RGL 13 of 171

perpetua, the awards for civil indemnity, moral damages, and

eCodal+Pro by RGL 14 of 171

People v. Dillatan 2018

eCodal+Pro by RGL 15 of 171

positively strong, showing the wrongful intent of the aggressor

eCodal+Pro by RGL 16 of 171

2. Reasonable necessity of the means employed to prevent or Defense of strangers

eCodal+Pro by RGL 17 of 171

eCodal+Pro by RGL 18 of 171

eCodal+Pro by RGL 19 of 171

eCodal+Pro by RGL 20 of 171

eCodal+Pro by RGL 21 of 171

the o ender the penalty lower by one or two degrees than

eCodal+Pro by RGL 22 of 171

connected. In other words, the cause for each arose from

eCodal+Pro by RGL 23 of 171

See Criminal Law Case Digest No. 33 Manaban v. CA

eCodal+Pro by RGL 24 of 171

eCodal+Pro by RGL 25 of 171

2. Such illness should not deprive the o ender of

eCodal+Pro by RGL 26 of 171

Previous and Included in SAME Must NOT be People v. Bermudo 2018

eCodal+Pro by RGL 27 of 171

Treachery may still be appreciated even when the victim was

eCodal+Pro by RGL 28 of 171

eCodal+Pro by RGL 29 of 171

eCodal+Pro by RGL 30 of 171

eCodal+Pro by RGL 31 of 171

eCodal+Pro by RGL 32 of 171

eCodal+Pro by RGL 33 of 171

Abuse of conﬁdence In an uninhabited place a) armed persons took part in the

eCodal+Pro by RGL 34 of 171

eCodal+Pro by RGL 35 of 171

People v. Orilla re relationship Entrapment Instigation

eCodal+Pro by RGL 36 of 171

eCodal+Pro by RGL 37 of 171

eCodal+Pro by RGL 38 of 171

eCodal+Pro by RGL 39 of 171

eCodal+Pro by RGL 40 of 171

commission of the crime, with a view to the furtherance of

eCodal+Pro by RGL 41 of 171

eCodal+Pro by RGL 42 of 171

from the date of his release or last conviction of the crimes of